Trade court - Importer’s claims are time-barred 

June 17: The U.S. Court of International Trade today granted the government’s motion to dismiss the actions filed by an importer, as being time-barred. Ford Motor Co. v. United States, Slip op. 14-65 (CIT June 17, 2014)

This case concerns imports of automobiles from the United Kingdom into the United States during 2004 and 2005.

As of the date that the importer commenced this action, U.S. Customs and Border Protection (CBP) had not liquidated any of the subject entries. As the case progressed, however, CBP liquidated and in some cases reliquidated the entries. The importer filed claims that broadly challenge CBP’s liquidations of the entries and ask the court to declare that the entries were deemed liquidated one year after filing, according to the terms set forth in their reconciliation documents.

In an original proceeding in 2010, the trade court agreed with the government that the claims were barred by statute. The Federal Circuit in 2012 reversed, finding that the trade court had jurisdiction to review the duty assessments. The case was remanded to the trade court, which today granted the government’s motion to dismiss.

Read today’s trade court opinion [PDF 533 KB]

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