International Trade Law News

U.S. Court of International Trade (CIT) Chief Judge Restani has issued a recent opinion clarifying the duration of preliminary injunctions obtained by importers in order to stay liquidation of entries pending litigation in appeals of antidumping and countervailing duty proceedings. In Corus Staal BV v. United States, Slip Op. 04-132 (Oct. 19, 2004), Corus requested that the duration of an injunction issued by the CIT extend until all appeals have been exhausted. The U.S. Government argued that the duration of any injunction staying liquidation should only extend to the end of litigation in the CIT.

Judge Restani agreed with Corus and held that "given the recent difficulties in this court with liquidation in violation of court orders . . . it seems prudent to attempt to avoid creating any opportunities for error and to bar any liquidation until all litigation is complete." Judge Restani noted that while plaintiffs may seek an injunction pending an appeal "that would entail further use of attorney and judicial resources." Therefore, Judge Restani granted Corus' proposed order providing for an "injunction of liquidation until a final and conclusive court decision is reached."

The opinion can be found at the following link: www.cit.uscourts.gov/slip_op/Slip_op04/04-132.pdf.