Recent Court Cases on International Trade for December 26 - January 8
The following Court of Appeals for the Federal Circuit and Court of International Trade cases on international trade issues were decided during December 26, 2007 through January 8, 2008:
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CAFC Upholds CIT Decision on "Deemed Liquidation" for AD Entries
The CAFC has upheld the CIT's finding that 51 entries of roller chain, other than bicycle, from Japan that were imported between 1979 and 1983 and subject to an antidumping (AD) duty order, not "deemed liquidated" by operation of law at the rate of duty declared at time of entry, but instead liquidated by Customs in 2000 - 2001 and subject to assessed AD duties, was correct.
CAFC Says CIT Review Moot as Entries were "Deemed Liquidated" Before Ruling
This case involves AD duties on ball bearings from France, in which the ITA completed the AD administrative review at issue and removed the suspension of liquidation. The subject bearings were then "deemed liquidated" by operation of law six months later, at the amount deposited at the time of import. As the goods liquidated before the CIT ruled on SKF's motion to enjoin liquidation, the CAFC stated that the CIT's review is vacated and the case is dismissed.
CIT Upholds ITA in Decision to Rescind Deferral of AD Admin Review
The CIT has upheld the International Trade Administrative in a case involving a request by TMI for an AD duty administrative review of its entries, which also included a request that the review be deferred for one year and consolidated with the next administrative review. Due to certain procedural inconsistencies, and an extension of the time for objections to this deferral request, the ITA's deferral decision was rescinded.
CIT Remands for 2nd Time Case Involving Partial Adverse Facts AD Rate
In a case involving the "partial adverse facts" AD rate for certain preserved mushrooms from India from Agro Dutch Industries, the CIT again remanded the issue for a redetermination by the ITA consistent with the CIT's opinion.
CAFC case on AD entries of roller chain (United States Tsubaki, Inc. v. U.S., 2007-1094, dated 01/09/08) available at http://www.cafc.uscourts.gov/opinions/07-1094.pdf)
CIT case on rescinding deferral of AD administrative review (Tianjin Magnesium International Co., Ltd. v U.S., Slip Op. 08-01, dated 01/08/08) available at http://www.cit.uscourts.gov/slip_op/Original/Slip_op08/08-1.pdf
CAFC case on AD duties on ball bearings (SKF USA, Inc. et. al. v. U.S., 2007-1039, dated 01/07/08) available at http://www.cafc.uscourts.gov/opinions/07-1039r.pdf
CIT case on preserved mushrooms (Agro Dutch Industries Limited, v. U.S, Slip Op. 07-185, dated 12/26/07) available at http://www.cit.uscourts.gov/slip_op/Slip_op07/07-185.pdf