Parties that contest determinations by the U.S. Commerce Department in antidumping and countervailing duty (AD/CVD) proceedings have thirty days to file a summons in the Court of International Trade (CIT) and another thirty days to file a complaint. Nevertheless, the lawsuit will be barred if entries of the subject merchandise are liquidated at the antidumping or countervailing duty rate determined by Commerce before the court issues an injunction against liquidation. The risk has been enhanced by Commerce’s policy of issuing liquidation instructions to Customs and Border Protection fifteen days after publication of the final results of administrative reviews instead of waiting until the time for seeking judicial review has expired. To avoid this risk, plaintiffs should file a summons, complaint, and motion for preliminary injunction immediately after the final results are published, and they should also seek the government’s agreement not to liquidate before the court issues an injunction.
Global Trade and Customs Journal