Tuesday, August 18, 2009

U.S. Appeals Court Ruling Against Sanctions on EU Goods

(World Trade Interactive)

The U.S. government has appealed a June 16 ruling by the Court of International Trade that the government’s authority to impose 100% duties against goods imported from the European Union in retaliation for its ban on U.S. hormone-treated beef expired on July 29, 2007, because the beef industry did not file for an extension of the sanctions.

Pursuant to its decision, the CIT ordered a refund of all punitive duties paid on affected goods imported after July 29, 2007. Although the ruling explicitly applied to only one product (rusks and toasted breads from Spain), the implication is that any product subject to the 100% retaliatory duties would be eligible for refunds of such duties paid after July 29, 2007, as well.

As a result, dozens of companies have already filed cases seeking refunds of the retaliatory duties they have paid since that date. Importers who are not already pursuing refunds in this manner should do so as quickly as possible, as the court only has jurisdiction to refund duties paid within two years from the date the cause of action arose. Read more here.