CIT Says Entries Liquidated, So No Injunction, Intervention for Turkish Exporter

The Court of International Trade on Aug. 8 denied exporter Habas Sinai ve Tibbi Gazlar Isihsal Endustrisi's motions to intervene in an antidumping suit and secure an injunction on its entries because its entries have "already been liquidated." Judge Jane Restani said that because the company failed to secure an injunction from the court prior to the liquidation of its entries, the court can't provide the relief the company seeks.

Habas sought to join an existing case from exporter Kaptan Demir Celik Endustrisi ve Ticaret on the 2021-22 review of the AD duty order on steel concrete rebar from Turkey. An injunction was issued in this case covering entries from Kaptan and exporter ICDAS Celik Enerji Tersane ve Ulasim Sanayi. With no injunction covering Habas' goods, CBP liquidated its entries.

The U.S. asked the trade court to deny both Habas' motions to join the case and to enjoin liquidation of the company's entries (see 2408020030). The government said the U.S. Court of Appeals for the Federal Circuit's rule in Zenith Radio Corp. v. U.S., which says that "once entries are liquidated, a party’s claims to those liquidated entries are moot," precludes the injunction.

Restani agreed. The judge said that despite Habas' intention to file a protest of the liquidation decision, the court can't compel CBP "to unliquidate unenjoined entries, nor may the court issue a backdated injunction." She called the case a "common situation," in which "Habas failed to obtain an injunction of liquidation, and liquidation occured at the rate found by Commerce."

(Kaptan Demir Celik Endustrisi ve Ticaret v. U.S., Slip Op. 24-90, CIT # 24-00018, dated 08/08/24; Judge: Jane Restani; Attorneys: David Simon of Law Office of David L. Simon for Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi; Leah Scarpelli of ArentFox for plaintiff Kaptan Demir Celik Endustrisi ve Ticaret and plaintiff-intervenor ICDAS Celik Enerji Tersane Ve Ulasim Sanayi; Joshua Moore for defendant U.S. government; John Shane of Wiley for defendant-intervenor Rebar Trade Action Coalition)