CAFC Dismisses Customs Suit on Coated Fabric Imports for Failure to Prosecute
The U.S. Court of Appeals for the Federal Circuit dismissed an appeal from Printing Textiles, doing business as Berger Textiles, for failing to file an opening brief. The company filed its suit to contest CBP's inaction on its requests to…
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void two denied protests on Berger's Canvas Banner Matisse coated fabric imports, which were hit with antidumping duties on artist canvas from China. Berger claimed that the imports were not subject to the order and CBP should not have liquidated the entries since the Commerce Department had opened a scope inquiry on the imports. After the Court of International Trade tossed the suit for lack of jurisdiction under Section 1581(i), the court's "residual" jurisdiction, the Federal Circuit in March rejected Berger's bid for a temporary injunction, which would have required CBP to return the goods to unliquidated status or suspend the firm's protests (see 2303160023) (Printing Textiles, dba Berger Textiles v. United States, Fed. Cir. # 23-1576).