SHINYEI CORP. OF AMERICA v. U.S.

No. 2007-1291.

524 F.3d 1274 (2008)

SHINYEI CORPORATION OF AMERICA, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 24, 2008.


Attorney(s) appearing for the Case

Charles H. Bayar, of Scarsdale, NY, argued for plaintiff-appellant.

Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief was Jeanne E. Davidson, Director. Of counsel were Michael J. Dierberg, Trial Attorney, of Washington, DC, and Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, of New York, NY. Of counsel on the brief was Edward N. Maurer, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, NY.

Before MICHEL, Chief Judge, NEWMAN, and MOORE, Circuit Judges.


MICHEL, Chief Judge.

This is our second opinion in litigation over the amount of antidumping duties that Shinyei Corporation of America ("Shinyei") owes on certain ball bearings entered by Shinyei in 1990-1991. In our first opinion, in 2004, we reversed the Court of International Trade's judgment of dismissal—grounded on the view that the actual liquidation of Shinyei's entries deprived that court of jurisdiction over Shinyei's claim under the Administrative...

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