United States District Court, D. Hawaii
ORDER GRANTING MOTION TO DISMISS
Oki Mollway, United States District Judge
Hye Ja Choi mailed five parcels to herself from Japan to
Hawaii. She says one of the parcels failed to reach her.
After unsuccessfully seeking compensation from the Consulate
General of Japan in her original Complaint, Choi filed an
Amended Complaint seeking $4, 981 from Defendant United
States Postal Service (“USPS”) under the
Universal Postal Union's Universal Postal Convention.
Because Choi has no private right of action under the
Universal Postal Union's Universal Postal Convention, the
court dismisses the Amended Complaint. The court issues this
decision without a hearing pursuant to Local Rule 7.2(d),
under which this court has the discretion to decide any
motion without a hearing.
30, 2016, Choi mailed five parcels in Japan to herself to
Hawaii. Choi says she did not receive one of the parcels, No.
CD264193304JP, which she says had a value of $1, 400.
See Amended Complaint at 1-2, ECF No. 27, PageID #s
203-04. The shipping label for that parcel, however, lists
its value as $30 or ¶3, 000. See ECF No. 27-1,
PageID # 206.
original Complaint, Choi blamed the loss of the parcel on the
Japan Post. Choi filed a claim for the value of the missing
parcel with the Japan Post, but the claim was rejected
because the parcel had supposedly been given to the USPS.
See ECF No. 1-2, PageID # 11.
April 25, 2018, this court dismissed Choi's original
Complaint, ruling that the sole Defendant named in it, the
Consulate General of Japan, could not be liable for the loss
of a parcel by the Japan Post. The court dismissed the
original Complaint for lack of jurisdiction, but gave Choi
leave to file an Amended Complaint against a different
defendant. ECF No. 21.
29, 2018, Choi filed an Amended Complaint, naming Defendant
USPS. See ECF No. 27. The amended pleading says the
USPS is responsible for losing Choi's parcel.
Id., PageID # 205. Choi seeks damages under the
“UNIVERSAL POSTAL UNION (Universal Postal
Treaty).” Id., PageID # 205. The United States
is currently a member of the Universal Postal Union.
(last visited March 5, 2019).
Universal Postal Union's Acts of the 26th
Congress (Istanbul 2016) sets forth a consumer's rights
when a member country's postal service loses a parcel.
essIstanbul2016En.pdf at 154-56 (last visited March
Article 22, section 3.1, when an ordinary parcel is lost,
the sender shall be entitled to an indemnity of an amount set
in the Regulations. If the sender has claimed an amount less
than the amount set in the Regulations, designated operators
may pay that lower amount and shall receive reimbursement on
this basis from any other designated operators involved.
Article 22, section 8, the sender or the addressee
“shall also be entitled to repayment of the charges and
fees paid for posting the item with the exception of the
registration or insurance charge.” But under Article
23, section 2.7, member countries and “designated
operators” are not liable for lost parcels “when
the sender has made no inquiry within six months from the day
after that on which the item was posted.” The USPS
explains how to exercise these rights in its International
Mail Manual, defining an “inquiry” as including a
request “concerning the disposition of an item mailed
to or from a foreign country” and a complaint or report
“concerning the loss, damage, missing contents, or
improper delivery or return of an item mailed to or from a
at 239. The manual describes how to initiate an inquiry and
requires inquiries for “Priority Mail International or
Registered Mail” to be filed no later than six months
from the mailing date. Id. at 240-41. The manual
also describes the claim process.
filing a claim for an ordinary parcel, a consumer must
complete the inquiry process. Id. at 242-44.
Indemnity payments with respect to claims arising out of the
sending of ordinary parcels from foreign origins “are
adjudicated by Accounting Services in St. Louis,
Missouri.” Id. at 245. That office's
decision may be appealed to the International Claims Appeals,
Accounting Services, within 60 days of the decision.
Id. If the International Claims Appeals sustains the
original decision, “the customer may submit an
additional appeal within 60 days for final review and
decision to the Consumer Advocate, International Claim
Appeals.” Id. at 246.
the Manual nor the Universal Postal Union's Acts of the
26th Congress (Istanbul 2016) provides for the
filing of a lawsuit in this court.
to Leslie Hill, the Supervisor, Claims Accounting Branch of
the USPS Accounting Service Center, Choi has not submitted
any claim for the loss of her package. See ...