No "Deemed Liquidation" in Japanese Bearings AD Liquidation Challenge, CIT Rules
Following the AD administrative review of ball bearings1 from Japan for the period May 1994 through April 1995, liquidation was enjoined for several years because FYH Bearing Unit Inc., an importer of bearings made by Nippon Pillow Block Sales Co., Ltd., gained an injunction against liquidation, and subsequently domestic manufacturer Torrington Co. also was granted an injunction, for all entries in the period.
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After the final remand redetermination, FYH filed a protest and a lawsuit, requesting that Customs be ordered to liquidate the FYH entries at the cash-deposit rate of 7.42%, rather than at the final review rate of 45.83%. FYH argued that there was no proof that one of the two injunction notices was served on Customs and so, with the six month statutory deadlines having lapsed, “deemed liquidation” at the cash deposit rate should have taken effect. However the court found that it appeared Customs had been served, and further noted that even if a flaw in service were to be uncovered, the Court would act to prevent and even undo incorrect premature liquidation during active litigation.
1 The full name of the AD Duty order in question is “ball bearings, cylindrical roller bearings, and spherical plain bearings, and parts thereof.”
(CIT Slip-Op. 11-7, January 20, 2011)