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CAFC Affirms Gilda Decision Authorizing Refunds of Retaliatory Duties on Certain EU Goods
October 14, 2010


The Court of Appeals for the Federal Circuit (CAFC) has affirmed a June 2009 ruling by the Court of International Trade (CIT) in Gilda Industries Inc. V. U.S. that authorized the refund of 100% retaliatory duties on certain goods from the European Union. The CAFC, like the CIT, found that the federal government’s authority to impose the duties in retaliation for the EU’s ban on U.S. hormone treated beef expired on July 29, 2007 because no request for an extension was made within the required time frame.

Although the CAFC ruling applied to only to one product covered by the retaliation list, by implication it applies to any product subject to the retaliatory duties, which cover various meats, cheeses, onions, carrots, juices, mustard and tomatoes. For more information and to see if your firm may be eligible for a duty refund, please contact a Barnes/Richardson attorney.

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