CIT Says Sales From Canadian Warehouse to US Customers Are for Export, Not Domestic Sales

The Court of International Trade in a May 20 opinion sided with the U.S. in finding sales of goods warehoused in Canada to U.S. customers were not "domestic sales" but actually sales "for exportation to the U.S." for valuation purposes. Judge Jennifer Choe-Groves held that "undisputed evidence" shows that plaintiff Midwest-CBK's sales were exports to the U.S. at the time of sale. The judge also ruled that CBP's extensions of the liquidation deadlines were lawful and that the entries should not be deemed liquidated since CBP had a valid reason to extend the liquidation deadline. As a result of the opinion, the case now moves to phase two to tackle the remaining issues including the proper method for valuing the merchandise at issue.