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

Acquisition 362, LLC v. United States (Precedential)

Acquisition 362, LLC dba Strategic Import Supply (“Acquisition”) appeals a decision of the United States Court of International Trade (“CIT”) dismissing Acquisition’s complaint concerning protests to decisions of the U.S. Customs and Border Protection (“Customs”) as to certain entries of passenger vehicle and light truck tires. We conclude that the CIT lacked subject matter jurisdiction. Acquisition could have asserted jurisdiction by timely protesting the liquidations of these entries under 19 U.S.C. § 1514, on the theory that Customs had improperly liquidated them because the manufacturer of Acquisition’s goods was participating in an administrative review. Because Acquisition did not timely protest the liquidations, the CIT lacked jurisdiction under both 28 U.S.C. § 1581(a) and (i). We affirm.