CIT Denies Surety Company's Motion to Stay Action on Late Collected Antidumping Duties

The Court of International Trade denied surety company American Home Assurance Co.'s bid to stay proceedings in a case in which the U.S. government is seeking to collect antidumping duties on canned mushrooms from China imported between 2000 and 2001. AHAC wanted proceedings stayed until a resolution is reached in another case that also deals with when the statute of limitations runs out on when the U.S. can collect payments on customs bonds. The DOJ opposed the stay bid, arguing that it would be harmed due to its ongoing discovery efforts (United States v. American Home Assurance Company, CIT #20-00175). DOJ is seeking to recover a customs bond for unpaid antidumping duties on the mushrooms from China, arguing that sureties are liable for paying the unpaid duties. CIT already ordered the parties to conduct discovery to find if AHAC suffered actual harm as a result of the government's "extensive delay" in issuing the bills for the duties after the entries were liquidated. In addition to opposing the stay motion on grounds that it would harm this current discovery period (see 2112100061), DOJ also said AHAC failed to show any hardship in being required to move forward with discovery.