The Government has now formally announced its intention to appeal the U.S. Court of International Trade’s order requiring refunds of IEEPA duties on finally liquidated entries. Specifically, the Government intends to challenge the Court’s authority to order refunds for importers that are not parties to the litigation and whose entries have become final.
Accordingly, companies that have not yet joined the litigation, but have potential refunds associated with entries that liquidated more than 90 days ago, should consider filing their own protective pleading with the CIT as soon as possible.
In this regard, given the Government’s position, it is increasingly likely that a company-specific court order will be required to recover refunds on finally liquidated entries.
Please contact us if you are interested in filing. We will continue to keep you apprised of further developments.
