358 F.Supp.2d 1293 (CIT. 2005), 02-00499, Agro Dutch Industries Ltd. v. United States

• Docket Nº: Court No. 02-00499
• Citation: 358 F.Supp.2d 1293
• Party Name: AGRO DUTCH INDUSTRIES LIMITED, Plaintiff, v. UNITED STATES, Defendant, and Coalition For Fair Preserved Mushroom Trade, Intervenor-Defendant. Slip Op. 05-2.
• Case Date: January 07, 2005
• Court: Court of International Trade

Page 1293

358 F.Supp.2d 1293 (CIT. 2005)

AGRO DUTCH INDUSTRIES LIMITED, Plaintiff,

v.

UNITED STATES, Defendant,

and

Coalition For Fair Preserved Mushroom Trade, Intervenor-Defendant.

Slip Op. 05-2.

Court No. 02-00499

United States Court of International Trade.

Jan. 7, 2005

Garvey Schubert Barer (Lizbeth R. Levinson, John C. Kalitka and Ronald M. Wisla), Washington, DC, for the plaintiff.

Page 1294

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, and Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (A. David Lafer); and Office of Chief Counsel for Import Administration, U.S. Department of Commerce (William G. Isasi), of counsel for the defendant.

Collier Shannon Scott, PLLC (Michael J. Coursey and Adam H. Gordon), Washington, DC, for the intervenor-defendant.

Opinion

AQUILINO, Senior Judge.

By letter dated November 23, 2004, counsel for the plaintiff seek to supplement their motion for judgment upon the administrative record compiled by the International Trade Administration, U.S. Department of Commerce ("ITA") subnom. Certain Preserved Mushrooms From India: Final Results of Antidumping Duty Administrative Review, 67 Fed.Reg. 46,172 (July 12, 2002). In addition to contesting various elements of that agency determination, plaintiff's motion represents that "many" ¹ or "almost all" ² entries within the determination's purview have already been liquidated by Customs pursuant to ITA instructions. Whereupon the plaintiff prays that

the Court order the liquidations [ ] be rescinded and the entries reliquidated in accordance with the corrected final results of the Department, as ordered by the Court.

Plaintiff's Reply Brief, p. 13.

I

Before relief of any kind can be granted, of course, a court of limited jurisdiction must determine that the matter brought before it remains within the metes and bounds of such delimitation. ³ They are for an action such as this that a summons be filed within 30 days after publication of the ITA's determination, followed no later than 30 days thereafter by the docketing of a complaint. See 19 U.S.C.§ 1516a(a)(2)(A). See also 28 U.S.C. §§ 1581(c), 2631(c), 2632(c), 2636(c). On its face, this waiver of sovereign immunity is slim. Parties to the ITA proceedings, like the plaintiff at bar and experienced counsel, understand this. They are also aware that the courts have confirmed that the statutes cited have "no provision permitting reliquidation in this [type of] case ... after...