On June 23, 2010, CBP filed its second remand determination with the US Court of International Trade (CIT) concerning the case National Fisheries Institute, Inc. v. United States Bureau of Customs and Border Protection. In a May 26, 2010 decision, the CIT rejected CBP’s first remand determination, in which CBP calculated continuous bond amounts applicable to the National Fisheries Institute based on 10 percent of the duties, taxes and fees on entries made during the relevant bond period, including duties on already liquidated entries for which duties had been paid. The CIT reasoned that such bond amounts would actually exceed CBP’s 10 percent guideline. The CIT ordered CBP to determine an entry bond amount that would be fair to the National Fisheries Institute. In its second remand determination, CBP applied the 10 percent formula from its first remand determination, but excluded from its calculation liquidated entries.
The CIT first remanded this case to CBP on August 25, 2009. For more information about this case, please see the October 2009 issue of this newsletter.