CIT Again Questions Commerce's 15-Day Period for AD/CVD Liquidation Instructions
The Court of International Trade again ruled against the Commerce Department’s 15-day period to issue liquidation instructions to CBP after publication of the final results of an administrative review, in a challenge to the 2008-09 antidumping duty review on ball bearings from France, Germany, Italy, Japan, and the United Kingdom. The judgment was only declaratory, however, because the plaintiffs were able to file their lawsuit and get an injunction within that period, suffering no harm from the Commerce policy.
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Commerce issues liquidation instructions exactly 15 days after publication of the final results of review in the Federal Register (see 10111018). When suspension of liquidation is lifted, CBP has six months before an entry is deemed liquidated at the original cash deposit rate, so issuing liquidation instructions any later would make it difficult for CBP to liquidate entries in time, Commerce has said. On the other hand, issuing liquidation instructions any sooner would make it hard for companies that want to challenge a Commerce decision to get an injunction stopping liquidation before the challenged duties become permanent.
Ruling the 15-day period to be unlawful, CIT pointed to its 2011 decision on the 2007-08 AD duty administrative review on ball bearings from France, Germany, Italy, Japan, and the UK (see 11102459). In that opinion, CIT had said Commerce didn’t do enough to justify the 15-day period, despite the agency’s argument that it needs to balance CBP liquidation with access to judicial review. Commerce did not explain why waiting exactly 15 days -- no more, and no less -- would allow CBP to avoid deemed liquidation of AD/CVD entries, CIT said.
(SKF USA Inc. v. U.S., Slip Op. 13-131, dated 10/25/13, Judge Stanceu)