Articles

Customs Alert -- Retaliatory Duties—Beef Hormone Dispute

By C.J. Erickson & Carl R. Soller

Jul. 23, 2009

Recently, the Court of International Trade (“CIT”) ruled in Gilda Indus., Inc. v. United States, Slip Op. 09-58 (Ct. Int’l Trade June 16, 2009) that the authority to impose 100% retaliatory duties against the European Union for its ban on U.S. hormone treated beef expired on July 29, 2007, due to a failure on
the part of the beef industry to file for an extension. The CIT ordered that all retaliatory duties paid after July 29, 2007 be refunded.

The ruling of the CIT related directly to imported rusks and toasted breads from Spain; however any product subject to the same 100% retaliatory duty after July 29, 2007 may be eligible for the refund. Such refunds can be
obtained by filing administrative protests or potentially filing a court action.

Importers must act quickly on this pressing matter, as eligibility expires after July 29, 2009. All claims must be filed by that date.

Rather than attach a lengthy list of the products impacted (primarily food & agricultural products), please contact either Carl R. Soller (212) 790-9231 (crs@cll.com) or C.J. Erickson (212) 790-9274 (cje@cll.com) for information on the products or procedures.

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