Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

Gilda Indus., Inc. v. US, 09-1492

Gilda Indus., Inc. v. US, 09-1492, concerned the government's challenge to the decision of the Court of International Trade holding that a retaliatory duty order assessing duties against certain imports of a Spanish company had terminated by operation of law in ordering liquidation of the company's goods without assessment of the duty, and ordering the government to refund, with interest, the 100 percent ad valorem duty the company paid on products imported after the retaliatory duties expired.  In affirming, the court held that the retaliatory action at issue here terminated by operation of law on July 29, 2007, for it is undisputed that no requests for continuation of the retaliatory list were received within the 60-day window specified be section 2417(c)(1).

Related Link: