United States Federal Circuit

In litigation before the circuit court a second time involving anti-dumping duties owed by plaintiff, the Court of International Trade's dismissal of the action is reversed and remanded again where a deemed liquidation did not bar plaintiff's Administrative Procedure Act (APA) claim any more than did actual liquidation, and that plaintiff's administrative protests were not untimely.

Appellate Information

• Decided 04/24/2008
• Published 04/24/2008

Judges

• MICHEL, Chief Judge., Before MICHEL, Chief Judge, NEWMAN, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Charles H. Bayar, of Scarsdale, NY, argued for plaintiff-appellant.


• For Appellees:
  
• Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee.   With her on the brief was Jeanne E. Davidson, Director.   Of counsel were Michael J. Dierberg, Trial Attorney, of Washington, DC, and Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, of New York, NY. Of counsel on the brief was Edward N. Maurer, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.