CIT Tosses EAPA Suit for Lack of Subject Matter Jurisdiction
The Court of International Trade on Dec. 15 dismissed importer Royal Brush Manufacturing's case challenging CBP's antidumping evasion finding against the company's cased pencil imports. Judge Mark Barnett said Royal Brush had to file a protest with CBP to allow the court to order reliquidation for its entries, which the agency illegally liquidated, so CIT doesn't have jurisdiction to hear the case. The company imported five entries, two of which were assessed the AD duties and three of which were not.
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Regarding the duty-free entries, Barnett said that the government is subject to the same "statutory constraints on relief from erroneous liquidations" as importers are. As for the dutiable entries, the judge said the limits of Section 1514 apply, which the U.S. Court of Appeals for the Federal Circuit said meant that all liquidations, "whether legal or not, are subject to the timely protest requirement."