CAFC Affirms Dismissal of Importers' Deemed Liquidation Challenge on Wooden Bedroom Furniture From China
The U.S. Court of Appeals for the Federal Circuit affirmed the dismissal of a challenge brought by Hutchison Quality Furniture over deemed liquidations for imports of wooden bedroom furniture from China. The Court of International Trade dismissed the case in…
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2015 due to a lack of jurisdiction (see 1506100011). The appeals court said in the July 6 decision (here) that CIT was correct to dismiss the case because the "true nature" of Hutchison's suit involves protestable actions by CBP. Although Hutchison did file a protest, it was submitted by mistake and did not raise the issues involved in the case, the court said. "The record demonstrates that Hutchison not only could have filed a protest, but that it in fact did so after Customs liquidated its entries," it said.