Shinyei Corp. of America v. U.S.

Decision Date20 January 2004
Docket NumberNo. 03-1288.,03-1288.
Citation355 F.3d 1297
PartiesSHINYEI CORPORATION OF AMERICA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.
CourtU.S. Court of Appeals — Federal Circuit

Charles H. Bayar, of Scarsdale, NY, argued for plaintiff-appellant.

James A. Curley, Attorney, Civil Division, Commercial Litigation, International Trade Field Office, United States Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief was Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch of Washington, DC and John J. Mahon, Acting Attorney in Charge, of New York, NY. Of counsel on the brief was, Edward N. Maurer, Office of Assistant Chief Counsel, Bureau of Customs and Border Protection, New York, NY.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

MICHEL, Circuit Judge.

Shinyei Corporation of America ("Shinyei") appeals from a decision of the United States Court of International Trade dismissing its complaint for lack of subject matter jurisdiction. Shinyei Corp. of Am. v. United States, 248 F.Supp.2d 1350 (Ct. Int'l Trade 2003). The Court of International Trade held that liquidation of the subject entries mooted Shinyei's cause of action under the Administrative Procedure Act, 5 U.S.C. § 702, challenging liquidation instructions issued by the United States Department of Commerce ("Commerce") as in violation of 19 U.S.C. § 1675(a)(2)(C) and seeking corrected instructions. Section 1675(a)(2)(C) requires that the results of an administrative review of an antidumping duty determination "shall be the basis for the assessment of countervailing or antidumping duties on entries of merchandise covered by the determination and for deposits of estimated duties." 19 U.S.C. § 1675(a)(2)(C) (2000). We find that liquidation did not moot Shinyei's cause of action because section 516A of the Tariff Act does not apply. Nor does section 1514, or any other section, of the statute impliedly forbid the relief Shinyei seeks under the Administrative Procedure Act and the court's remedial powers statute, 28 U.S.C. § 2636. Thus, the court's ruling that after liquidation it could no longer grant relief was in error. Accordingly, we reverse the dismissal decision of the Court of International Trade and remand for further proceedings on the merits of Shinyei's claim.

I. BACKGROUND

Shinyei, a wholly owned subsidiary of Shinyei Kaisha Company ("Kaisha"), a Japanese trading company, purchased antifriction bearings from Kaisha and imported these bearings into the United States during the period from May 1, 1990 to April 30, 1991. Kaisha had purchased its bearings from six Japanese manufacturers, namely Fujino Iron Works Co., Ltd. ("Fujino"), Nakai Bearing Co., Ltd. ("Nakai"), Nankai Seiko Co., Ltd. ("Nankai"), Inoue Jikuuke Kogyo Co. ("Inoue"), Showa Pillow Block Mfg., Ltd. ("Showa"), and Wada Seiko Co., Ltd. ("Wada").

The types of antifriction bearings manufactured by these six manufacturers, along with numerous others, were the subjects of several Commerce antidumping investigations. On November 9, 1988, Commerce published its preliminary determination with regard to this investigation, instructing the United States Customs Service ("Customs") that: (a) liquidations of the subject merchandise should be suspended; and (b) deposits or bonds should be required at a certain rate for future entries from all non-investigated manufacturers, producers and exporters, including the six manufacturers mentioned above. Preliminary Determinations of Sales at Less Than Fair Value: Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From Japan, 53 Fed. Reg. 45,343 (Nov. 9, 1988). This deposit and bond rate was corrected by Commerce in the final determination, Final Determination of Sales at Less Than Fair Value: Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From Japan, 54 Fed.Reg. 19,101 (May 3, 1989), and Commerce published an antidumping duty order on the basis of this determination, Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, and Spherical Plain Bearings, and Parts Thereof From Japan, 54 Fed.Reg. 20,904 (May 15, 1989).

In 1991, Commerce commenced its second administrative review with respect to various manufacturers and exporters. See Initiation of Antidumping Administrative Reviews of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From the Federal Republic of Germany, France, Italy, Japan, Romania, Singapore, Sweden, Thailand, and the United Kingdom, 56 Fed.Reg. 29,618 (June 28, 1991); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 56 Fed.Reg. 33,251 (July 19, 1991) and 56 Fed.Reg. 40,305 (Aug. 14, 1991). During the second annual review, from May 1990 to April 1991, Shinyei deposited estimated antidumping duties on the entries at issue at a rate of 45.83% ad valorem. On March 31, 1992, Commerce published the preliminary results of its second administrative reviews. See Preliminary Results of Antidumping Duty Administrative Reviews and Partial Termination of Administrative Reviews of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al., 57 Fed.Reg. 10,859 (Mar. 31, 1992). On June 24, 1992, Commerce published the final results of the second review in which Commerce established specific antidumping duties and deposit rates for merchandise manufactured by manufacturers under review, including the six manufacturers in question. Final Results of Antidumping Duty Administrative Review of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al., 57 Fed.Reg. 28,360 (June 24, 1992).1 While the estimated duties paid by Shinyei were at a rate of 45.83% ad valorem, the final results of the review set duty rates from 1.43% to 16.71% ad valorem, depending on which of Shinyei's six manufacturers made the subject goods. See Final Results of Antidumping Duty Administrative Review of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al., 57 Fed.Reg. 28,360 (June 24, 1992); Amendment to Final Results of Antidumping Duty Administrative Review of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al., 57 Fed.Reg. 59,080 (Dec. 14, 1992). Consequently, Commerce issued an instruction ordering Customs to liquidate all merchandise of the type at issue that was imported from Japan during the second period of review (except for the products of certain manufacturers) at the rate designated in the final review determination.

Subsequently, two domestic producers, Torrington Company and Federal-Mogul, and a number of other interested parties, not including Shinyei, filed suit in the Court of International Trade challenging the final results of the administrative review under section 516A(a)(2)(B)(iii) of the Tariff Act. The Court of International Trade enjoined liquidation of all entries of subject goods covered by the final results of the administrative review pursuant to section 516A(c)(2) of the Tariff Act. Federal-Mogul Corp. v. United States, Ct. No. 92-06-00422 (Ct. Int'l Trade July 14, 1992) (order granting preliminary injunction). Accordingly, liquidation of Shinyei's entries (entries manufactured by subjects of the administrative review) was suspended pending the final decision of the Court of International Trade in the litigation.

In the course of the litigation, the Court of International Trade issued a number of orders and opinions resulting in changes to the antidumping duty rates for antifriction bearings. In the context of this litigation, the Court of International Trade ordered Commerce to make a series of methodological changes and to recalculate the antidumping margin for certain firms under review. The Court of International Trade ordered Commerce to, inter alia: (1) change its methodology to account for value-added taxes with respect to the comparison of domestic and home market prices; (2) not deduct pre-sale inland freight incurred in the home market if Commerce determined that there was no statutory authority to make such a deduction; (3) develop a methodology which removes post-sale price adjustments and rebates paid on out-of-scope merchandise from any adjustment made to foreign market value or to deny such an adjustment if a viable method could not be found; and (4) correct certain clerical errors. See Amended Final Results of Antidumping Duty Administrative Review of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et al., 63 Fed.Reg. 8908 (Feb. 23, 1998) ("Amended Review Results") (summarizing rulings of the Court of International Trade over the course of the antifriction bearing litigation).

On October 15, 1997, this court affirmed the Court of International Trade's affirmance of Commerce's final remand results affecting final assessment rates for the pending cases (except the reviews involving one particular Japanese manufacturer, not at issue in the present case, whose review was still in litigation). Torrington Co. v. United States, 127 F.3d 1077 (Fed. Cir.1997).

On February 23, 1998, Commerce published the amended final results reflecting the courts' orders and opinions, as required by section 516A(e) of the Tariff Act. See Amended Review Results, 63 Fed.Reg. 8908. Pursuant to section 516A(e) of the Tariff Act, Commerce amended the final results of the administrative review for the period May 1, 1990 to April 30, 1991 to reflect revised weighted-average margins, i.e., duty rates. The Amended Review Results set forth revised rates for five of the six subject manufacturers: Fujino (1.83%); Inoue (1.89%); Nakai (6.47%); Nankai (9.41%) and Showa (7.51%). The rate for the sixth manufacturer, Wada, remained at 16.71%. Final Results of Antidumping Duty Administrative Review of...

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