Rimco Inc. v. United States, No. 22-2079 (Fed. Cir. 2024)
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The case involves Rimco Inc., an importer and reseller of wheels, who appealed against the United States Court of International Trade's dismissal of its action for lack of subject matter jurisdiction. Rimco sought judicial review of a denied protest against the assessment of countervailing and antidumping duties by Customs and Border Protection. Rimco argued that the Court of International Trade had exclusive jurisdiction to review the denial of protests under 28 U.S.C. § 1581(a), or alternatively, residual jurisdiction under 28 U.S.C. § 1581(i).
Previously, the Court of International Trade had dismissed Rimco's action, stating that it lacked jurisdiction under § 1581(a) because Customs' application of antidumping and countervailing duties was not a protestable decision. The court also found that it lacked jurisdiction under § 1581(i) because jurisdiction under § 1581(c) would have been available if Rimco had sought administrative review of Commerce’s antidumping and countervailing duties determinations.
The United States Court of Appeals for the Federal Circuit affirmed the Court of International Trade's dismissal. The court held that Customs' ministerial assessment of antidumping and countervailing duties was not a protestable decision. Furthermore, the court found that jurisdiction under 28 U.S.C. § 1581(c) would have been available and not manifestly inadequate if Rimco had not failed to exhaust administrative remedies. Therefore, the Court of International Trade correctly dismissed the case for lack of subject matter jurisdiction.
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