U.S. Appeals CIT Ruling Authorizing Duty Refunds in Connection with EC-Beef Hormones Dispute
August 18, 2009
The U.S. government is challenging the U.S. Court of International Trade’s (CIT) June 16 decision that orderedthe retroactive refund of 100% duties on imports of toasted bread from Spain in connection with the EC-Beef Hormones Dispute. According to the ruling, the authority for the collection of these duties lapsed on July 29, 2007 because the United States Trade Representative failed in its obligation to provide notice and request comment from the domestic beef industry in the 60 days prior to the end of the second 4-year term, and the industry made no request to continue the duties.
Although the ruling applied specifically to one product on the retaliation list for the EC-beef hormones dispute, the implication is that importer who imported goods on the retaliation could be eligible for a duty refund in the amount of the additionally duties paid from July 29, 2007 to March 23, 2009.
Despite the U.S. government’s appeal, which will be considered by the Court of Appeals for the Federal Circuit, importers should file a claim with the U.S. Bureau of Customs and Border Protection (CBP) to preserve their right to refund should the CIT’s decision withstand the appeal.