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Court Again Overturns ITA’s 15-Day Policy for AD/CV Liquidation Instructions

Thursday, October 31, 2013
Sandler, Travis & Rosenberg Trade Report

The Court of International Trade issued a ruling Oct. 25 overturning the International Trade Administration’s policy of issuing liquidation instructions to U.S. Customs and Border Protection 15 days after the publication of the final results of an administrative review of an antidumping or countervailing duty order. However, the court upheld the ITA’s use of zeroing to calculate weighted average dumping margins in administrative reviews in light of the Court of Appeals for the Federal Circuit’s affirmation of this practice earlier this year.

In a case involving a previous administrative review of the same product at issue here (ball bearings and parts thereof from France, Germany, Italy, Japan and the United Kingdom), the CIT held that the ITA failed to provide “any reasoned discussion” of its “weighing of the competing factors that must inform a decision to allow only fifteen days” for an affected party to seek judicial review of the final results of an administrative review before the entries covered by that review are liquidated. The court notes that in the current case the ITA offered the same reasons in support of its 15-day policy that it offered in the earlier case, including that the policy is based on administrative necessity and that the six-month period for liquidation of entries by CBP established by 19 USC 1504(d) begins from the publication of the final results of review. Concluding that the issue being litigated in this case has thus already been considered and decided, the court again finds that the plaintiffs are entitled to a declaratory judgment that the 15-day policy was contrary to law as applied to them.

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