CIT Orders CBP to Refund Excess AD Duties for Japan Ball Bearings

Following the May 1993 - April 1994 AD administrative review period for ball bearings from Japan, the International Trade Administration issued liquidation instructions to U.S. Customs and Border Protection that included customer-specific liquidation rates for merchandise produced by Nankai Seiko Co. Importer Shinyei Corporation of America at first provided entry documents that did not list a U.S. end customer in a way readily decipherable by Customs, and Customs refused to consider invoices Shinyei subsequently gave that were dated after the entry date. Customs then did not liquidate the merchandise according to the ITA’s instructions, but at a higher rate. The Court of International Trade ruled that CBP erred in failing to automatically apply the customer-specific AD duty rate in the ITA’s liquidation instructions, and ordered CBP to refund the excess deposits to the company with interest. (Slip Op. 11-69, dated 06/15/11)