Importers May Be Paying Duties Sooner After CBP Win

Law360 (February 6, 2020, 6:09 PM EST) -- Recently the U.S. Court of Appeals for the Federal Circuit held in Sunpreme Inc. v. U.S. that U.S. Customs and Border Protection has the authority to interpret ambiguous anti-dumping and countervailing duty orders.

The court overturned the finding made by a three-judge Federal Circuit panel which affirmed the U.S. Court of International Trade’s decision that CBP acted beyond its legal authority in suspending liquidation of goods prior to the initiation of a scope inquiry by the U.S. Department of Commerce.

The decision by the Federal Circuit clarifies that CBP has authority to determine whether imports are subject to an anti-dumping or countervailing...

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