Target to Appeal CIT Decision Rejecting Bid to Overturn Prior Order Allowing Reliquidation of Ironing Tables
Retail giant Target Corp. will appeal a July Court of International Trade decision, which refused to invalidate a prior court order telling CBP to reliquidate Target's metal-top ironing tables. The notice of appeal says the retailer will take the case to the U.S. Court of Appeals for the Federal Circuit. In the opinion, Judge Leo Gordon said that if Target succeeded, it would call into question whether a party at the court could obtain "full and complete relief," turning the clock back over 40 years on the Article III court powers (see 2307200049) (Target Corp. v. United States, CIT #21-00162).
Target's case relates to a previous matter at the trade court and the Federal Circuit, in which the appellate court upheld the order to reliquidate the ironing table imports. This case denied Target the right to intervene, and saw CBP erroneously liquidate 40 of Target's entries. The agency asked for a re-do, which the court granted. The big box retailer filed its own suit to contest the court's order allowing CBP to reliquidate the entries, which occurred beyond the 90-day deadline for voluntarily reliquidation.