Meyer Asks for Mediation or Retrial Following Key Federal Circuit Decision Over Use of First Sale
Importer Meyer Corp. in a Dec. 9 motion asked for a status conference on how to proceed after the U.S. Court of Appeals for the Federal Circuit remanded its suit over the use of first sale valuation. Since the U.S. failed to respond to Meyer's attempts at contact over a joint status conference request, the importer unliterally sent in the motion, outlining two possible ways forward in the case: court-annexed mediation and retrial, both of which could help "avoid an unwieldy and unnecessarily complicated proceeding" (Meyer Corp. v. U.S., CIT #13-00154).
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While the case originally was at the Court of International Trade, Judge Thomas Aquilino called into question the use of first sale concerning imports from nonmarket economies. The Federal Circuit ruled that CBP had no basis to consider a country's NME status when deciding whether to grant first sale treatment (see 2208110060). Back at CIT, the case now turns to the question of how to appraise the relevant imports.
In its motion for a status conference, Meyer suggested mediation or retrial for the ensuing remand period. Court-annexed mediation "is likely to be helpful and lead to a resolution of this action" via settlement "or other mutually-agreeable resolution of the case," the importer said. "The instant case involves many hundreds of entries made over a period of years. A narrowing or resolution of issues through mediation would spare the parties and the Court a substantial burden in having to re-try this case. Plaintiff believes there may be room for meaningful negotiation and compromise between the parties in this case regarding the first sale issue. For both the parties and the Court it is always helpful if trial can be avoided, and litigation resolved in a timely fashion."
A retrial would also be an "appropriate way to move" forward, the brief said. Past judgment in this case "relied heavily on a legal issue of what was meant by 'nomarket influences'" -- a question that was answered by the Federal Circuit. "As such, a full or partial retrial of this action may be necessary to assist the Court in the correction of the legal error found by the Federal Circuit with respect to the valuation issue," the plaintiff said.