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ARTICLE · 10 AUGUST 2023

CAFC Refuses To Reverse CIT Decision On Reliquidation Order, Target, Home Products Litigation

Braumiller Group (Dallas)
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This article examines Target Corporation v. United States, Slip Op. 23-106, a recent ruling by the Court of International Trade (CIT) and its implications on liquidation matters.

United StatesInternational Law
Jennifer Horvath
Jennifer Horvath
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This article examines Target Corporation v. United States, Slip Op. 23-106 (Ct Int'l Trade July 20, 2023), a recent ruling by the Court of International Trade (CIT) and its implications on liquidation matters. The court granted the government's request to dismiss Target's case, which aimed to invalidate a CIT order instructing Customs and Border Protection (CBP) to reliquidate Target's metal-top iron tables at a higher dumping rate. Judge Leo Gordon's discussion in the decision emphasized the importance of the Court's authority and the potential consequences of undermining its powers. Through this decision, the Court reiterated its authority to determine the finality of an Antidumping and/or Countervailing Duty (AD/CVD) investigations above the agency level. Importers should always ensure to review for applicable decisions from the CIT and CAFC when assessing whether their merchandise is subject to AD/CVD.

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