A.n. Deringer, Inc., Plaintiff-appellant, v. the United States, Defendant-appellee, 904 F.2d 46 (Fed. Cir. 1990)

Appellant, A.N. Deringer, Inc. (Deringer) appeals from the final judgment of the Court of International Trade (CIT), slip. op. 89-141 (October 11, 1989), which dismissed the suit for lack of subject matter jurisdiction. Deringer brought the action pursuant to 28 U.S.C. § 1581(a), contesting the denial of its protest against the assessment of anti-dumping duties on fish netting of manmade fibers which was manufactured in Japan, shipped to Canada, and imported into the United States by Deringer. In 1984, the United States Customs Service assessed anti-dumping duties against the fish netting on the basis of the final results of an administrative review conducted by the Department of Commerce, determining that anti-dumping duties should be assessed on third-country resales of the Japanese fish netting. The CIT concluded that Deringer's suit would thus be proper only under 28 U.S.C. § 1581(c). We affirm on the basis of the decision of the CIT.