CBP Returns Lumber Entries Erroneously Found to Be Deemed Liquidated to Unliquidated Status
CBP agreed to return the liquidation status of 830 softwood lumber entries of importer Fraserview Remanufacturing to unliquidated while it awaits further instructions from the Commerce Department on how to treat the entries following the relevant antidumping duty and countervailing duty proceedings. The U.S. and Fraserview filed a stipulation for entry of judgment at the Court of International Trade in the importer's case against CBP's erroneous designation of the entries as deemed liquidated (Fraserview Remanufacturing v. United States, CIT # 23-00063).
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.
The 830 Canadian lumber shipments were entered in 2019. In 2020, liquidation was suspended due to the AD/CVD orders on softwood lumber from Canada, though CBP designated the entries as having been deemed liquidated "at the duty rate asserted at entry."
Fraserview brought suit under Section 1581(i), the trade court's "residual" jurisdiction, since it didn't file a protest of the liquidations, which would establish jurisdiction under Section 1581(a). The U.S. moved to dismiss the case, arguing that a protest was needed to contest the deemed liquidation determinations (see 2307120035). In response, Fraserview said it had jurisdiction under Section 1581(i) since CIT previously held that a protest against liquidation can't be brought before the liquidation has occurred (see 2402260070).