This morning the Federal Circuit released a precedential opinion in a trade case appealed from the Court of International Trade. In its opinion, the Federal Circuit affirmed the Court of International Trade’s decision to dismiss for lack of jurisdiction amended complaints seeking refunds. Here is the introduction to the opinion.

ARP Materials, Inc. v. United States (Precedential)

Importers ARP Materials, Inc. and The Harrison Steel Castings Company seek refunds of estimated duties they deposited with the United States Customs and Border Protection for tariffs that the United States Trade Representative retroactively rescinded. The United States Court of International Trade dismissed the importers’ amended complaints for lack of jurisdiction. ARP and Harrison appeal. The jurisdictional provision on which the importers rely, 28 U.S.C. § 1581(i), may not be invoked when jurisdiction under another subsection of § 1581 could have been available and would have provided an adequate remedy if timely invoked. We affirm the court’s dismissals because jurisdiction would have been available under § 1581(a) had the importers timely protested Customs’ classification decisions and because failure to invoke an available remedy within the timeframe prescribed does not render the remedy manifestly inadequate.