Split consignment classification treated complementary motorcycle parts as one imported motorcycle, sustaining valuation, confiscation and importer li...
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Individual shop owners intervening in representative oppression and mismanagement proceedings cannot independently challenge a final order where their grievances must be pursued in a representative capacity and the order establishes a class-wide mechanism. An intervenor who does not use the permitted representative route, while failing to disclose the order disposing of the intervention request, lacks a continuing individual right to appeal. After hearings conclude and written submissions are filed, additional material is not receivable as of right because other parties must have an opportunity to respond. Substantial relief also cannot be sought through a later individual intervention in proceedings instituted by others. The individual appeal was dismissed as non-maintainable, with exemplary costs.
Individual shop owners intervening in representative oppression and mismanagement proceedings cannot independently challenge a final order where their grievances must be pursued in a representative capacity and the order establishes a class-wide mechanism. An intervenor who does not use the permitted representative route, while failing to disclose the order disposing of the intervention request, lacks a continuing individual right to appeal. After hearings conclude and written submissions are filed, additional material is not receivable as of right because other parties must have an opportunity to respond. Substantial relief also cannot be sought through a later individual intervention in proceedings instituted by others. The individual appeal was dismissed as non-maintainable, with exemplary costs.
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