N OTE : This order is nonprecedential.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 R ADER

, Chief Judge

, N EWMAN

, L OURIE

, D YK

, P ROST

, M OORE

, O’M ALLEY

, R EYNA

, W ALLACH

, T ARANTO

, and C HEN

, Circuit Judges *

.

* Circuit Judge H UGHES did not participate.US v. TREK LEATHER

, INC

. 2

P ER C URIAM

.
O R D E R

A petition for rehearing en banc was filed by Plaintiff

Appellee United States and a response thereto was invi ted by the court and filed by Defendant

- Appellant H arish

S hadadpuri (Shadadpuri ).

The petition for rehearing was considered by the pa nel that heard the appeal, and thereafter the petition for rehearing en banc and response were referred to the circuit judge s 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.

I T I S O RDERED T HAT :

(1) The petition for rehearing en banc of Plaintiff

Appellee 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 l iability on any “person” who “enter[s], intr oduce[s], or attempt[s] to enter or intr oduce” merchandise into United States commerce by means of fraud, gross negl igence, or negligence by the means d escribed in § 1592(a). What is the meaning of “person” with in this statutory prov ision? How do other statutory provisions o f Title 19 affect this inquiry?

B) If corporate officers or shareholders qualify as “persons” under § 1592(a), canUS 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 i nformation relating to the entry or intr oduction of merchandise into the United States by th eir 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 a ffect this inquiry?

(4) This appeal will be re heard en banc on the b asis 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 b rief should not exceed 14,000 words, and the reply brief should not exceed 7,000

words. Shadadpuri’s e n banc brief is due 45 days

from the date of this order. The United States’ e n banc response brief is due within 30 days of se rvice of Shadadpuri’s en b anc 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 a rgument.

(5) Briefing should be limited to the issues set

forth above.

(6) Other brie fs of amici curiae will be ente rtained, and as such

, amicus briefs may be filedUS v. TREK LEATHER

, INC

. 4

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

Procedure 29 and Federal Circuit Rule 29.

F OR THE C OURT

March 5, 2014 /s/ Daniel E.
O’Toole Date Daniel E. O’Toole
Clerk of Court