Carbon Activated Corp. v. United States, No. 15-1112 (Fed. Cir. 2015)
Annotate this CaseCarbon imported three entries from China in June-July, 2007, which were subject to an antidumping duty order from the Department of Commerce covering activated carbon from China. Carbon deposited estimated antidumping duties at a rate of 67.14%. An administrative review of the order for the period from October 2006, to March 2008, began in June 2008. Commerce instructed Customs to suspend liquidation of entries imported during the review period. Nonetheless, Customs liquidated Carbon’s entries in 2008 at the rate of 67.14%. Carbon allegedly was unaware of the liquidation and did not then protest under 19 U.S.C. 1514. In November 2009, Commerce published the results of the administrative review. Several parties, including the exporter of Carbon’s entries, Hebei, challenged the results and obtained a preliminary injunction suspending liquidation. Ultimately, the Trade Court sustained a final liquidation rate of 16.35% for entries exported by Hebei, which would have applied to the three Carbon entries, had they not already been liquidated. In June 2012, Carbon first became aware that the entries had been erroneously liquidated. In September 2012, Carbon filed a protest. In October 2013, Carbon sought a refund under 28 U.S.C. 1581(i). The Trade Court found the protest untimely under the 180- day statutory deadline, that filing a timely protest in 2008 would not have been a manifestly inadequate remedy, and that section 1581(i) was not available. The Federal Circuit affirmed.
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