Canada Wheat: CBP to Liquidate, Refund Earlier Entries

Pursuant to a final and conclusive court decision, the International Trade Administration is amending its revocation of the antidumping and countervailing duty orders on hard red spring wheat from Canada (A-122-847 and C-122-848) and will issue AD/CV liquidation and cash deposit refund instructions to U.S. Customs and Border Protection for all unliquidated pre-January 2, 2006 entries.

The ITA’s 2006 revocation of these AD/CV orders had been limited to entries made on or after January 2, 2006. However the Court of Appeals for the Federal Circuit ruled that the government cannot retain unliquidated AD and CV duties that were deposited prior to the revocation of an AD or CV duty order, and that the duty depositors are entitled to a return of those duties.

(See ITT's Online Archives or 04/22/11 news, 11042224, for BP summary of CAFC’s ruling in Canadian Wheat Board, et al. v. U.S.

See ITT's Online Archives or 11/23/09 and 11/04/08 news, 09112360 and 08110425, for BP summaries of the CIT's judgment in this case.

See ITT's Online Archives or 02/17/06 news, 06021730, for BP summary of the ITA's 2006 revocation of the orders.)

ITA contact -- Christine Taylor (202) 482-8319

(FR Pub 07/26/11, ITA Case Nos. A-122-847, C-122-848)