CIT Tosses 20-Year-Old AD Duty Collection Attempt
The Court of International Trade denied a government motion for judgment and ruled in favor of the defendant, American Home Assurance Company (AHAC), in a case centered on when the six-year statute of limitations begins for customs bonds, according to an Aug. 18 judgment. Though the opinion is still confidential, the judgment shows that CIT Judge Richard Eaton denied the government's motion for summary judgment and granted AHAC's motion, thereby ending the action. All claims asserted were dismissed with prejudice and Eaton ordered that each party would bear its own costs and expenses (U.S. v. American Home Assurance Co., CIT # 20-00175).
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The government was attempting to collect antidumping duties and interest on eight single transaction bonds issued over 20 years ago. The case originally concerned canned mushrooms imported between 2000 and 2001 from China and unpaid AD attached. In a recent brief, AHAC said that the government was using a variety of delaying tactics and attempting to circumvent the six-year statute of limitations (see 2308150077).