CIT Approves Motion for Test Case in Customs Spat Over Citric Acid Anhydrous

Judge Gary Katzmann of the Court of International Trade approved a May 14 motion by TR International Trading Company to make its ongoing case a test case and suspend two similar cases under the proceeding (Thatcher Company v. United States, CIT No. 20-00067, 21-cv-00357).

The case concerns denial by CBP of TRI’s protest challenging CBP’s assessment of regular tariffs and antidumping and countervailing duties on TRI’s entry of USP Kosher citric acid anhydrous (see 2204010056). The plaintiff claims that the entry was produced in India, but CBP assessed it AD/CVD as though it were from China and subject to the AD/CVD orders on citric acid from China. TRI also challenges CBP's denial of eligibility for preferences under the Generalized System of Preferences benefits program.

The two suspended cases "concern the same significant legal questions and facts," according to TRI's motion. TRI said that the test case would be more appropriate than consolidation because the latter would "complicate discovery burdens and create an unwieldy case for trial with separate plaintiffs."