Juice Farms, Inc. v. U.S.

16 Citing cases

  1. US JVC Corp. v. United States

    184 F.3d 1362 (Fed. Cir. 1999)   Cited 5 times
    Applying Juice Farms to “closely parallel” facts

    Consequently, the court dismissed JVC's suit for lack of subject matter jurisdiction.See id. at 915. As further justification for dismissing JVC's claim, the Court of International Trade cited the case of Juice Farms, Inc. v. United States, 68 F.3d 1344 (Fed. Cir. 1995). See US JVC Corp., 15 F. Supp.2d at 912-13 n. 10.

  2. United States v. Am. Home Assurance Co.

    789 F.3d 1313 (Fed. Cir. 2015)   Cited 5 times

    Id. at 1347, 1349. The court concluded that, under our decision in Juice Farms, Inc. v. United States, 68 F.3d 1344 (Fed.Cir.1995), the 2005 reliquidations became final, “whether legal or not,” once AHAC failed to challenge them in court. Am. Home, 964 F.Supp.2d at 1347 (quoting Juice Farms, 68 F.3d at 1346).

  3. SSAB North American Division v. United States Bureau of Customs & Border Protection

    571 F. Supp. 2d 1347 (Ct. Int'l Trade 2008)   Cited 4 times
    Describing the retrospective system and the importance of both cash deposits and suspension of liquidation

    Second, monitoring the liquidation of entries subject to an antidumping duty order is a serious challenge even for importers who have access to complete information regarding an entry. See, e.g., Juice Farms, Inc. v. U.S., 68 F.3d 1344 (Fed. Cir. 1995) (holding Customs' violation of statutory suspension of liquidation not actionable by importer who discovered improper liquidations after protest period had expired). Defendant-Intervenors were themselves apparently unaware that their entries had been prematurely liquidated until notified by Commerce.

  4. Fujitsu General America, Inc.

    110 F. Supp. 2d 1061 (Ct. Int'l Trade 2000)   Cited 10 times
    Holding that an importer that failed to protest an affirmative liquidation cannot bring the same challenge under 28 U.S.C. § 1581

    "[Such] bulletin notices supply sufficient notice and thus trigger the ninety-day period for protests." Juice Farms, Inc. v. United States, 68 F.3d 1344, 1346 (Fed. Cir. 1995). Fujitsu filed Protest No. 2704-98- 100059 on February 11, 1998, challenging Customs' assessment of interest on the subject entries liquidated on November 14, 1997, and December 5, 1997.

  5. Fujitsu General America, Inc. v. U.S.

    283 F.3d 1364 (Fed. Cir. 2002)   Cited 52 times
    Holding that there must be "an unambiguous and public starting point for the six-month liquidation period"

    We have held that the Court of International Trade's authority to hear a claim under section 1581(a) depends upon the importer raising the claim in a valid protest filed with Customs within the prescribed 90-day period, or alternatively, in a protest coming within an exception that excuses a failure to meet the deadline. See Juice Farms, Inc. v. United States, 68 F.3d 1344, 1345-46 (Fed. Cir. 1995). Section 1581(i) provides in pertinent part as follows:

  6. American Nat. Fire Ins. Co. v. U.S.

    441 F. Supp. 2d 1275 (Ct. Int'l Trade 2006)   Cited 8 times
    Holding that Customs' procedural error in providing imperfect notice of suspension was harmless error because the surety does not state with any particularity the prejudice suffered

    See Compl. ¶ 1. For this Court to exercise jurisdiction over a claim under § 1581(a), the party filing suit must have filed a valid protest against Customs in a timely manner. See U.S. Shoe Corp. v. United States, 114 F.3d 1564, 1568 (Fed. Cir. 1997), aff'd, 523 U.S. 360 (1998); Juice Farms, Inc. v. United States, 68 F.3d 1344, 1345-46 (Fed. Cir. 1995); Atari Caribe, Inc. v. United States, 16 CIT 588, 592, 799 F. Supp. 99, 104 (1992). To qualify as valid, a

  7. American Intern. Chemical, Inc. v. U.S.

    387 F. Supp. 2d 1258 (Ct. Int'l Trade 2005)   Cited 6 times
    Ruling that liquidation instructions e-mailed from Commerce to Customs constituted adequate notice that the suspension of liquidation had been lifted

    According to defendant, "[e]ven if there were no unliquidated entries, that would not necessarily mean that suspension was removed because Customs could have liquidated the entries by mistake while suspension was in effect." Id. at 18 (citing Juice Farms, Inc. v. United States, 68 F.3d 1344 (Fed. Cir. 1995)). Whether Commerce's e-mail was a means of seeking information from Customs on entries Customs was "holding in suspension" is of no consequence because the event that results in application of § 1504(d) is the receipt by Customs of notice of the removal of suspension of liquidation.

  8. Wanxiang Am. Corp. v. United States

    12 F.4th 1369 (Fed. Cir. 2021)

    We review the CIT's grant of a motion to dismiss de novo. Juice Farms, Inc. v. United States , 68 F.3d 1344, 1345 (Fed. Cir. 1995). This court must accept as true all well-pleaded factual allegations and draw all reasonable inferences in favor of the claimant.

  9. Koyo Corp. of U.S.A. v. United States

    497 F.3d 1231 (Fed. Cir. 2007)   Cited 15 times
    Holding that deemed liquidation under 19 U.S.C. § 1504(d) is subject to protest when Customs fails to execute liquidation instructions

    We narrowly concluded that the deemed liquidation in Cherry Hill was "final and conclusive" against both the importer, surety, and the government because the importer or surety had never protested the deemed liquidation: "Without timely protest, all liquidations become final and conclusive under 19 U.S.C. § 1514." Id. at 1559 (quoting Juice Farms, Inc. v. United States, 68 F.3d 1344, 1346 (Fed. Cir.1995)). This court concluded in Cherry Hill that "a `deemed liquidation' under section 1504 . . . subjects any further collection efforts by the government in connection with the same entry to dismissal for failure to state a claim upon which relief can be granted."

  10. Cemex, S.A. v. U.S.

    384 F.3d 1314 (Fed. Cir. 2004)   Cited 15 times
    Holding that domestic producers could not gain relief by way of reliquidation upon challenging Customs' erroneous liquidation of entries

    281 F.Supp.2d at 1322. Our prior decision in Juice Farms, Inc. v. United States, 68 F.3d 1344 (Fed. Cir. 1995), is instructive. In Juice Farms, we held untimely an importer's protest of Customs' illegal liquidations of orange juice entries subject to suspension of liquidation orders pending antidumping investigations and administrative reviews.