Rulings in Antidumping Order for Chinese Bedroom Furniture and Winstar Cases - Federal Circuit
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Rulings in Antidumping Order for Chinese Bedroom Furniture and Winstar Cases

The Federal Circuit decided a matter involving one of the last Winstar cases arising from the savings and loan crisis of the later 1970s and a case involving a preliminary injunction to enjoin a antidumping duty order on certain wooden bedroom furniture from China.

In American Signature, Inc. v. US, the court faced a challenge to the Court of International Trade's denial of plaintiff's motion for a preliminary injunction, for being subjected to a 2005 antidumping duty order on certain wooden bedroom furniture imported from China.  In reversing the denial, the court held that the plaintiff has satisfied the requirements for a preliminary injunction and thus, the Customs or Commerce is prohibited from taking any action to liquidate or reliquidate import entries that are the subject of this action.

In Anchor Sav. Bank, FSB v. US, No. 08-5175, the court dealt with a case related to the Winstar cases involving plaintiff's suit claiming that the adoption of the FIRREA and its implementing regulations breached the government's obligations under supervisory merger contracts.  In affirming the judgment of the trial court in favor of the plaintiff for the most part, the court held that the trial court did not err in finding that it was foreseeable that the breach would result in lost profits to plaintiff in an amount commensurate to the award, nor did the trial court err in finding a causal connection between the breach and plaintiff's sale of a mortgage banking company and so did not err in in awarding lost profits for the forced sale.  However, the case was remanded to allow the trial court to determine whether an error was made in offsetting plaintiff's mitigations costs.

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