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CIT Declines to Reverse Liquidation, Says Entry Wasn't Covered by Injunction Request

The Court of International Trade on Sept. 13 denied a Chinese company’s request to reverse CBP’s liquidation of its diamond sawblades from China, allegedly in violation of a court-ordered injunction. Zhejiang Wanli Tools Group Co., Ltd. is a participant in the underlying litigation over sawblades duties, and is one of eight companies named on an injunction stopping liquidation while the litigation proceeds. But that injunction covers only merchandise exported by Wanli and the other seven companies, even though the form to request injunctions gives the option of listing a company as a producer or a producer and exporter. CBP had found Wanli had manufactured the sawblades but not exported them, and liquidated them at an AD rate of 82.05%. The trade court agreed, finding the evidence showed Wanli did not export the sawblades, and that Wanli could have requested to also be listed as a producer on the injunction but had not done so.

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(Bosun Tools Co. v. U.S., Slip Op. 19-121, CIT # 18-00102, dated 09/13/19, Judge Kelly)