Shinyei Corp. of America v. U.S.

• Decision Date: 20 April 2007
• Docket Number: Slip Op. 07-59.,Court No. 00-00130.
• Citation: 491 F.Supp.2d 1209
• Parties: SHINYEI CORPORATION OF AMERICA, Plaintiff, v. UNITED STATES, Defendant.
• Court: U.S. Court of International Trade

Page 1209

491 F.Supp.2d 1209

SHINYEI CORPORATION OF AMERICA, Plaintiff, v. UNITED STATES, Defendant.

Slip Op. 07-59.

Court No. 00-00130.

United States Court of International Trade.

April 20, 2007.

Charles H. Bayar, New York City, for Shinyei Corporation of America, Plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice (James A. Curley), for the United States, Defendant.

OPINION

TSOUCALAS, Senior Judge.

This matter comes before the Court pursuant to the decision of the Court of Appeals for the Federal Circuit ("CAFC") in Shinyei Corp. of Am. v. United States, ("Shinyei CAFC") 355 F.3d 1297 (Fed.Cir. 2004), and the CAFC mandate of March 12, 2004, reversing and remanding the judgment of this Court in Shinyei Corp. of Am. v. United States, ("Shinyei CIT") 27 CIT 305, 248 F.Supp.2d 1350 (2003). The CAFC held that this Court erred in granting Defendant's motion to dismiss the action pursuant to USCIT R. 12(b)(1). Accordingly, the parties proceeded on the merits of the case consistent with the CAFC decision.

JURISDICTION

Shinyei is pleading an Administrative Procedure Act, 5 U.S.C. §§ 701-706 (2000) ("APA"), cause of action and this Court has jurisdiction over the matter pursuant to 28 U.S.C. § 1581(i)(4) (2000).¹ See Shinyei CAFC, 355 F.3d at 1304-05.

STANDARD OF REVIEW

On a motion for summary judgment, the Court must determine whether there are any genuine issues of fact that are material to the resolution of the action. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is genuine if it might affect the outcome of the suit under the governing law. See id. Accordingly, the Court may not decide or try factual issues upon a motion for summary judgment. See Phone-Mate, Inc. v. United States, 12 CIT 575, 577, 690 F.Supp. 1048, 1050 (1988). When genuine issues of material fact are not in dispute, summary judgment is appropriate if a moving party is entitled to judgment as a matter of law. See USCIT R. 56; see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

DISCUSSION

I. Background

A. Procedural History

Plaintiff, Shinyei Corporation of America ("Shinyei"), a United States corporation wholly owned by Shinyei Kaisha Company ("Kaisha"), a Japanese trading company, filed a complaint with this Court on March 23, 2000. On September 25, 2002, this Court granted Shinyei's motion for leave to amend its complaint, in which Shinyei sought to declare certain instructions issued by the United States Department of Commerce ("Commerce") in violation of 19 U.S.C. § 1675(a)(2) (1988 & Supp.1993). As such, Shinyei moved to remand this case to Commerce for the purpose of issuing corrected instructions with regard to liquidation of the forty-two Shinyei entries of certain bearings. See Shinyei CIT, 27 CIT at 306, 248 F.Supp.2d at 1351. Subsequently, on October 8, 2002, Defendant moved to dismiss this case pursuant to USCIT R. 12(b)(1) for lack of subject matter jurisdiction and USCIT R. 12(b)(5) for failure to state a claim on which relief can be granted. See Shinyei CIT, 27 CIT at 306, 248 F.Supp.2d at 1352. On February 14, 2003, this Court granted Defendant's motion to dismiss under USCIT R. 12(b)(1). See Shinyei CIT, 27 CIT at 328, 248 F.Supp.2d at 1360. On January 20, 2004, the CAFC reversed, and remanded the action for further proceedings on the merits. See Shinyei CAFC, 355 F.3d at 1312. On March 22, 2004, this Court ordered that Shinyei proceed with the merits of the case consistent with the CAFC's opinion. See Shinyei Corp. of Am. v. United States, Slip Op. 04-26, 2004 WL 555376, 28 CIT, ___, ___, 2004 Ct. Intl. Trade LEXIS 26 (2004).

B. Factual Background

The full factual and procedural background of this case has been set forth in the prior decisions of the CAFC and this Court. See Shinyei CAFC, 355 F.3d 1297; Shinyei CIT, 27 CIT 305, 248 F.Supp.2d 1350. The facts relevant to the instant inquiry are as follows. Between the May 1, 1990 and April 30, 1991 period of review ("POR"), Shinyei imported certain merchandise into the United States. The merchandise at issue ("Merchandise" or "Subject Entries" or "Disputed Entries") was purchased by Shinyei from Kaisha which, in turn, purchased the Merchandise from six Japanese manufacturers (collectively "Six 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"). See Final Results of Antidumping Duty Administrative Reviews of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France; et. al., ("Final Results") 57 Fed.Reg. 28,360 (ITA June 24, 1992); Shinyei CIT, 27 CIT at 306-07, 248 F.Supp.2d at 1352.

The Disputed Entries were subject to an antidumping investigation. See Initiation of Antidumping Duty Investigation; Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From Japan, 53 Fed.Reg. 15,076 (ITA Apr. 27, 1988); Shinyei CIT, 27 CIT at 307, 248 F.Supp.2d at 1352. On November 9, 1988, Commerce published its preliminary determination with regard to this investigation instructing the United States Customs Service ("Customs") that: (1) liquidations of the Merchandise should be suspended; and (2) 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. See 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; Shinyei CIT, 27 CIT at 307, 248 F.Supp.2d at 1351. This deposit and bond rate was corrected by Commerce in the final determination. See Final Determinations of Sales at Less Than Fair Value; Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From Japan ("Determination"), 54 Fed.Reg. 19,101 (May 3, 1989); see also Shinyei CIT, 27 CIT at 307, 248 F.Supp.2d at 1352. On the basis of this Determination, Commerce published an antidumping duty order. See Antidumping Duty Orders: Ball Bearings, Cylindrical Roller Bearings, and Spherical Plain Bearings, and Parts Thereof From Japan, 54 Fed.Reg. 20,904 (ITA May 15, 1989); Shinyei CIT, 27 CIT at 307, 248 F.Supp.2d at 1352.

During the second administrative review, Shinyei deposited estimated antidumping duties on the entries at issue. See Shinyei CIT, 27 CIT at 307, 248 F.Supp.2d at 1352-53. On June 24, 1992, Commerce published the final results of the second review in which Commerce established specific antidumping duty deposit rates for the merchandise manufactured by the Six Manufacturers. See Final Results, 57 Fed.Reg. 28,360; Shinyei CIT, 27 CIT at 307, 248 F.Supp.2d at 1353. Consequently, Commerce issued instructions ordering Customs to liquidate all merchandise of the type at issue that was imported from Japan during the POR (except for the products of certain manufacturers) at the rate designated in the Determination. Shinyei CIT, 27 CIT at 307, 248 F.Supp.2d at 1353. The list of manufacturers exempted from the instructions included the Six Manufacturers. See id. Moreover, on February 23, 1998, Commerce summarized the rulings of this Court over the course of the antifriction bearing litigation when it published its amended final results. See Amended Final Results of Antidumping Duty Administrative Reviews of Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts Thereof From France, et. al. ("Amended Final Results"), 63 Fed.Reg. 8908 (ITA Feb. 23, 1998); Shinyei CIT, 27 CIT at 307-08, 248 F.Supp.2d at 1353.

On October 22, 1998, Commerce issued final amended instructions to Customs regarding the liquidation of all second review entries of the merchandise at issue from Japan produced by Nankai. See Shinyei CIT, 27 CIT at 308, 248 F.Supp.2d at 1353. On June 26, 1998, Commerce issued instructions to Customs regarding the liquidation of all second review entries of [the merchandise at issue] from Japan produced by Fujino. See id.

Shinyei commenced this action on March 23, 2000, in order to enforce the second review results and contest Commerce's instructions with respect to Nankai and Fujino. See Shinyei CIT, 27 CIT at 308-312, 248 F.Supp.2d at 1353-56. Shinyei argued that the Court had jurisdiction under both the Administrative Procedure Act ("APA")and 28 U.S.C. § 1581(i)(4). See id. Shinyei did not seek, and the Court did not issue, any injunction to suspend liquidation of the entries at issue pending its final decision. See Shinyei CIT, 27 CIT at 208, 248 F.Supp.2d at 1353. On August 1, 2000, Commerce issued a clean-up instruction to Customs to liquidate, as entered, all second review period entries of the merchandise at issue from Japan that had not been liquidated under previously-issued instructions. See id. The liquidation of these entries, occurred between September 8, 2000, and February 9, 2001. On November 1, 2000, Shinyei protested the no-change liquidation to entry 032-0153132-8 ("032 Entries"), and Customs granted the protest in part. See Def.'s Statement of Material Facts Not in Dispute at 3. Customs proceeded to reliquidate the entry and issued Shinyei a refund. See id. All but two of the entries were liquidated before December 15, 2000. See Shinyei CIT, 27 CIT at 308, 248 F.Supp.2d at 1353.

On September 25, 2002, this Court granted Shinyei's motion for leave of the Court to amend its complaint filed on March 23, 2000. Shinyei limited its claim to Commerce's error stating that Commerce issued certain liquidation instructions to Customs to implement the results of an antidumping administrative review and in violation of 19 U.S.C. §...