CIT Dismisses Suit on Liquidation of Entries for Lack of Jurisdiction

The Court of International Trade on July 23 dismissed a suit on CBP's liquidation of tire entries from importer Acquisition 362, doing business as Strategic Import Supply, for lack of subject-matter jurisdiction. The importer entered tires made by exporters Shandong Hengyu Science & Technology Co. and Shandong Wanda Boto Tyre Co., subject to a 64.57% AD rate. In a separate case, the trade court enjoined the liquidation of certain tire entries made by the two exporters but not imports from Acquisition 362 because it wasn't a party to the case. The importer said CBP illicitly failed to enjoin the liquidation of its entries. Judge Mark Barnett said CBP didn't make a "protestable decision" in liquidating Acquisition 362's goods and that the agency didn't have the authority to extend to the importer's entries based on the court's order in the separate case.