Capella Sales & Services Ltd. v. United States

The Commerce Department can impose countervailing duties (CVDs) on imported goods if it “determines that the government of a country . . . is providing, directly or indirectly, a countervailable subsidy with respect to” an imported good, 19 U.S.C. 1671(a)(1), and assessed CVD rate of 374.15% on entries of aluminum extrusions from China. Other importers challenged that rate at the Trade Court in a separate case, resulting in an "all-others" rate of 7.37% on entries of aluminum extrusions from China. Capella was not part of the litigation and never sought administrative review of its entries, so those entries were subject to automatic liquidation at the 374.15% cash deposit rate in effect at the time of the entries. The Federal Circuit affirmed the Trade Court’s dismissal of Capella’s complaints. Sections 1516a(c)(1); (e) state the CVD rate that applies to pre-Timken notice entries when liquidation is not enjoined by court decision or the subject of administrative review: the rate Commerce established in its final determination. Capella’s entries were made before the Timken notice and Capella did not participate in the separate litigation or request administrative review of its entries, so Capella could not claim the benefit of the lower all-others rate awarded to the litigants. View "Capella Sales & Services Ltd. v. United States" on Justia Law