CIT Tosses 8th Amendment AD/CVD Case for Lack of Jurisdiction

The Court of International Trade in a July 8 opinion dismissed importer Rimco's lawsuit contesting CBP's assessment of antidumping and countervailing duties on steel wheels from China. Judge Mark Barnett ruled that the court lacks subject matter jurisdiction over the matter since the liquidation of the entries wasn't a protestable decision. The court instead would have had jurisdiction under Section 1581(c) rather than Section 1581(a) and (i) as claimed by the plaintiff, and the plaintiff could have raised its claims -- including one that says the duties violate the Eighth Amendment -- by requesting a review of the AD/CVD orders, Barnett said.