853 F.Supp.2d 1331 (CIT 2012), 11-00318, Acme Furniture Industry, Inc. v. United States

Docket Nº:Court 11-00318.
Citation:853 F.Supp.2d 1331
Opinion Judge:TSOUCALAS, Senior Judge:
Party Name:ACME FURNITURE INDUSTRY, INC., Plaintiff, v. UNITED STATES, Defendant. Slip Op. 12-93.
Attorney:Hume & Associates, LLC, (Robert T. Hume), Washington, DC, for Acme Furniture Industry, Inc., Plaintiff. Stuart F. Delery, Acting Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Depar...
Case Date:July 18, 2012
Court:Court of International Trade
 
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Page 1331

853 F.Supp.2d 1331 (CIT 2012)

ACME FURNITURE INDUSTRY, INC., Plaintiff,

v.

UNITED STATES, Defendant.

Court No. 11-00318.

Slip Op. 12-93.

United States Court of International Trade.

July 18, 2012

Page 1332

[Copyrighted Material Omitted]

Page 1333

          Hume & Associates, LLC, (Robert T. Hume), Washington, DC, for Acme Furniture Industry, Inc., Plaintiff.

          Stuart F. Delery, Acting Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, (Aimee Lee); Edward N. Maurer, Of Counsel, Deputy Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, New York, NY, for the United States, Defendant.

          MEMORANDUM ORDER

          TSOUCALAS, Senior Judge:

         This matter comes before the Court upon the Motion to Dismiss filed herein by Defendant, United States. Plaintiff, Acme Furniture Industry, Inc. (" Acme" ) initiated this action invoking the Court's jurisdiction under 28 U.S.C. § 1581(a). The Government moves to dismiss arguing that the Court is without jurisdiction to hear the claims set forth in Acme's two-count Complaint. Alternatively, the Government asserts that Acme has failed to state a claim upon which relief can be granted. Acme responds by asserting that it is challenging an erroneous reliquidation by the United States Customs and Border Protection (" CBP" ), and that its challenge therefore falls squarely within section 1581(a). Because Acme has failed to carry its burden of establishing the Court's jurisdiction over this matter, or has failed to state a claim upon which relief can be granted where jurisdiction exists, the Court grants the Government's Motion to Dismiss.

         BACKGROUND

         In 2005, the United States Department of Commerce (" Commerce" ) issued an antidumping duty order on wooden bedroom furniture from the People's Republic of China (" PRC" ). See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Wooden Bedroom Furniture from the People's Republic of China, 70 Fed.Reg. 329 (Jan. 4, 2005) (" Antidumping Duty Order " or " Order " ). Commerce subsequently conducted an administrative review of the Order for the period of review from January 1, 2008 through December 31, 2008. See Wooden Bedroom Furniture From the People's Republic of China: Final Results and Final Rescission in Part, 75 Fed.Reg. 50,992 (Aug. 19, 2010). Per the 2008 review, Commerce set a China-wide rate of 216.01% and issued liquidation instructions to CBP. See Def.'s Mot. to Dismiss, Ex. B. Acme is an importer of wooden bedroom furniture from the PRC. At issue in this case are entries of daybeds Acme made in 2008, which were liquidated by CBP at the China-wide rate on November 5, 2010, and November 12, 2010.

          On January 20, 2011, Acme filed a scope ruling request with Commerce asking for a determination that the daybeds it imported were outside the scope of the Antidumping Duty Order. Commerce issued a scope ruling on April 15, 2011 (" Scope Ruling" ), concluding that daybeds with a trundle were subject to the Antidumping Duty Order while daybeds without a trundle were outside the Order's scope. On April 29, 2011, Commerce issued liquidation instructions based on the Scope Ruling which, in relevant part, directed CBP to " liquidate all unliquidated entries ... of Acme's daybed without a trundle" as non-subject goods effective June 24,

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