Twenty years ago, from May 1990 through April 1991, Shinyei Corporation of America (hereinafter “Shinyei”) imported ball bearings into the United States that were subject to an antidumping duty order on ball bearings from Japan. The ball bearings had been manufactured by six different Japanese manufacturers and were subject to the second administrative review of the relevant antidumping duty order. The Department of Commerce, however, failed to apply the results of that administrative review to Shinyei’s imports, and Shinyei sued the Department of Commerce at the U.S. Court of International Trade (CIT) in 2000. This case note follows the path of the ensuing litigation, including three remands to the CIT by the U.S. Court of Appeals for the Federal Circuit (hereinafter “Federal Circuit”), which recently awarded attorney’s fees to Shinyei under the Equal Access to Justice Act.
Global Trade and Customs Journal