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Alden Leeds Appeals Dismissal of Case on Liquidation of Entries w/ Suspended Liq

Alden Leeds appealed the Court of International Trade’s dismissal of its challenge of CBP’s deemed liquidation of its entries despite suspension of liquidation during an antidumping administrative review. CBP liquidated the entries at AD rate in effect from the previous administrative review, without waiting for the results of the ongoing review that eventually returned a lower AD rate. CIT had originally ruled in favor of Alden Leeds, finding that the liquidation did not actually occur because conditions for deemed liquidations were not met and liquidation was suspended. But the U.S. Court of Appeals for the Federal Circuit overturned, agreeing with the government that the legality of the liquidation was irrelevant, and Alden Leeds was required to file a protest of the deemed liquidation to challenge it in court. The Supreme Court subsequently denied the case a hearing, and CIT dismissed the case in December.

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(See ITT’s Online Archives 10102213 for summary of the original CIT ruling, and 12031904 for summary of the CAFC’s remand. See also ITT’s Online Archives 12120503 for summary of the Supreme Court’s denial of certiorari.)

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