CAFC Says CBP Liquidation of Furniture Entries Was Timely
The Court of Appeals for the Federal Circuit in a July 28 opinion held that CBP timely liquidated or reliquidated 10 entries of wooden bedroom furniture. The court ruled that the first clear indication that an injunction against liquidation had…
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ended came from the Commerce Department liquidation instructions, which were sent within the six months prior to liquidation, making the liquidation of the entries timely. Judges Timothy Dyk, Jimmie Reyna and Kara Stoll ruled that the Court of International Trade was right to find in a separate case, which put in place the injunction on the 11 entries under dispute in the present action, didn't unambiguously end the injunction, resulting in a finding that CBP timely liquidated the entries. The judges further held that while one of the entries should have been labeled as being reliquidated because it was deemed liquidated by law, this error was harmless.