Federal Circuit Consolidates 3 Cases Seeking Delinquency Interest Under CDSOA
The U.S. Court of Appeals for the Federal Circuit assigned three cases to the same merits panel in a text-only note. The cases, led by Adee Honey Farms, Hilex Poly and American Drew, argue that the text of the Continued…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Dumping and Subsidy Offset Act of 2000 as enacted by Congress expressly requires that CBP distribute "all interest" associated with antidumping and countervailing duties to affected domestic producers. CBP contested this, arguing that delinquency interest is not included in CDSOA distributions. The Court of International Trade ruled in CBP's favor, finding that customs was right to deny payouts of delinquency interest (see 2206160074) (Adee Honey Farms v. United States, Fed. Cir. #22-2105).