Int'l Trading Co. v. United States, (2000)

Extract

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Int'l Trading Co. v. United States, (2000)

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UNITED STATES COURT OF INTERNATIONAL TRADE

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INTERNATIONAL TRADING CO., : :

Plaintiff, : : Before: WALLACH, Judge v. : Court No.: 97-09-01557 : :

UNITED STATES, : :

Defendant. : :

: [Plaintiff's motion for summary judgment on claim for deemed liquidation GRANTED.]

Decided: July 14, 2000

Rode & Qualey (R. Brian Burke), for Plaintiff.

David W. Ogden, Acting Assistant Attorney General; Joseph I. Liebman, Attorney in Charge, International Trade Field Office; James A. Curley, Commercial Litigation Branch, Civil Division, Department of Justice; Edward N. Maurer, Office of the Assistant Chief Counsel, United States Customs Service, Joseph M. Spraragen and Stacy J. Ettinger, Office of the Assistant Chief Counsel for Import Administration, of counsel, for Defendant.

OPINION

I.

Preliminary Statement Plaintiff, International Trading Company, commenced this action to challenge the dumping margin applied by Customs in liquidating certain entries of its goods. Plaintiff contends the subject entries should have been deemed liquidated pursuant to 19 U.S.C. 1504(d) (as amended effective

WALLACH, Judge.

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The parties have cross-moved for summary judgment pursuant to USCIT Rule 56. The

1 This subsection was amended subsequent to 1993. However, both parties agree on the applicability of the 1993 amendments to these entries, which were made between March 1, 1993 and February 28, 1994. Plaintiff's Brief in Support of Motion for Summary Judgment ("Plaintiff's Moving Brief") at 11; Defendant's Brief in Opposition to Plaintiff's Motion for Summary Judgment and in Support of its Cross-Motion for Summary Judgement [sic] ("Defendant's Opposition Brief") at 5. The version of § 1504(d) at issue here provides as follows:

When a suspension required by statute or court order is removed, the Customs Service shall liquidate the entry, within 6 months after receiving notice of the removal from the Department of Commerce, other agency or a court with jurisdiction over the entry. Any entry not liquidat...

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