NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

UNITED STATES,

Plaintiff-Appellee, 

v.

TREK LEATHER, INC.,

Defendant,

AND

HARISH SHADADPURI,

Defendant-Appellant.

______________________ 

2011-1527

______________________ 

Appeal from the United States Court of International 

Trade in No. 09-CV-0041, Judge Nicholas Tsoucalas.

______________________ 

ON PETITION FOR REHEARING EN BANC

______________________ 

Before RADER, Chief Judge, NEWMAN, LOURIE, DYK, 

PROST, MOORE, O’MALLEY, REYNA, WALLACH, TARANTO, 

and CHEN, Circuit Judges*. 

* Circuit Judge HUGHES did not participate.

 
2 US v. TREK LEATHER, INC. 

PER CURIAM. 

O R D E R

A petition for rehearing en banc was filed by PlaintiffAppellee United States and a response thereto was invited by the court and filed by Defendant-Appellant Harish

Shadadpuri (Shadadpuri).

The petition for rehearing was considered by the panel that heard the appeal, and thereafter the petition for 

rehearing en banc and response were referred to the 

circuit judges who are authorized to request a poll to 

rehear the appeal en banc. A poll was requested, taken, 

and the court has decided that the appeal warrants en 

banc consideration.

IT IS ORDERED THAT: 

(1) The petition for rehearing en banc of PlaintiffAppellee United States is granted.

(2) The court’s opinion of July 30, 2013 is vacated 

and the appeal reinstated.

(3) The parties are requested to file new briefs. 

The briefs should address the following issues:

A) 19 U.S.C. § 1592(a) imposes liability 

on any “person” who “enter[s], introduce[s], or attempt[s] to enter or introduce” merchandise into United States 

commerce by means of fraud, gross negligence, or negligence by the means described in § 1592(a). What is the meaning 

of “person” within this statutory provision? How do other statutory provisions of 

Title 19 affect this inquiry?

B) If corporate officers or shareholders 

qualify as “persons” under § 1592(a), can 
US v. TREK LEATHER, INC. 3

they be held personally liable for duties 

and penalties imposed under § 1592(c)(2) 

and (3) when, while acting within the 

course and scope of their employment on 

behalf of the corporation by which they 

are employed, they provide inaccurate information relating to the entry or introduction of merchandise into the United 

States by their corporation? If so, under 

what circumstances?

C) What is the scope of “gross negligence” 

and “negligence” in 19 U.S.C. § 1592(a) 

and what is the relevant duty? How do 

other statutory provisions in Title 19 affect this inquiry?

(4) This appeal will be reheard en banc on the basis of the additional briefing ordered herein. An 

original and thirty copies of the new en banc 

briefs shall be filed, and two copies of each en 

banc brief shall be served on opposing counsel. 

Each principal brief should not exceed 14,000 

words, and the reply brief should not exceed 7,000 

words. Shadadpuri’s en banc brief is due 45 days 

from the date of this order. The United States’ en 

banc response brief is due within 30 days of service of Shadadpuri’s en banc brief, and any en 

banc reply brief is due within 15 days of service of 

the United States’ en banc response brief. The 

case will be submitted without additional oral argument.

(5) Briefing should be limited to the issues set 

forth above.

(6) Other briefs of amici curiae will be entertained, and as such, amicus briefs may be filed 
4 US v. TREK LEATHER, INC. 

without consent and leave of the court but otherwise must comply with Federal Rule of Appellate 

Procedure 29 and Federal Circuit Rule 29.

 FOR THE COURT

 

March 5, 2014 /s/ Daniel E. 

O’Toole Date Daniel E. O’Toole

 Clerk of Court