United States Federal Circuit

In a case arising in circumstances where certain antidumping determinations became final in 1986 and 1987, but Customs did not liquidate the entries of roller chains at issue until 2000-2001, a judgment rejecting in large part the importer's objections to the liquidations is affirmed where: 1) the 1993 version of 19 U.S.C. section 1504(d) did not apply in this case because the lifting of a suspension of liquidation and the notice to Customs of the lifting of the suspension of liquidation occurred long before the effective date of an amendment to that section; and 2) consequently, the entries at issue were not deemed liquidated by operation of law at the rate of duty declared by importer at the time of entry.

Appellate Information

• Decided 01/09/2008
• Published 01/09/2008

Judges

• BRYSON, Circuit Judge., Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and LINN, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Brian F. Walsh, Barnes, Richardson & Colburn, of Chicago, IL, argued for plaintiff-appellant.   With him on the brief was Christine H. Martinez.


• For Appellees:
  
• Barbara S. Williams, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-appellee.   With her on the brief were Peter D. Keisler, Acting Attorney General and James A. Curley, Attorney.   Of counsel on the brief was Beth C. Brotman, Office of Assistant Chief Counsel, United States Customs and Border Protection.