Wanxiang America Corp. v. United States, No. 20-1044 (Fed. Cir. 2021)
Annotate this Case
Wanxiang is a U.S. importer for Wanxiang Group, an automotive parts manufacturing company headquartered in China. In 1994-2001, Group and Wanxiang IE participated in Department of Commerce administrative reviews that covered entries of wheel hub assemblies that were subject to a 1987 antidumping duty order. Group and IE were assigned company-specific antidumping duty rates of zero percent. Wanxiang Q did not receive a company-specific antidumping duty rate because it did not participate in the reviews. Following a 2012 audit of Wangxiang, Customs found that some of the audited entries were imports from Q, subject to the China country-wide rate of 92.84%, and that, based on the sampling results, Wanxiang had underpaid dumping duties. In 2019, Customs issued a Penalty Notice.
Wanxiang did not protest under 19 U.S.C. 1514 and has not made any payment but filed a complaint before the Trade Court, asserting jurisdiction under 28 U.S.C. 1581(i)(2) and (4). The court dismissed, concluding that it lacked “residual” jurisdiction because relief could have been available under a section 1581(c) action. Wangxiang has not shown that such relief would have been manifestly inadequate. The Federal Circuit affirmed. Wanxiang could have challenged the assessments by a protest under 19 U.S.C. 1514 and, if unsuccessful, by appealing to the Trade Court under 1581(a). Alternatively, Wanxiang could have initiated a test shipment and sought, as a new shipper, an administrative review, during which it could have argued the issues it raised in its complaint; the results of that review could have been challenged under 19 U.S.C. 1516a, invoking Trade Court jurisdiction under 1581(c).
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.