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Alberta Gas Chemicals, Inc. v. United States

Published online by Cambridge University Press:  27 February 2017

Monroe Leigh
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Type
Judicial Decisions
Information
American Journal of International Law , Volume 75 , Issue 3 , July 1981 , pp. 666 - 667
Copyright
Copyright © The American Society of International Law 1981

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References

1 44 Fed. Reg. 44,154 (1979).

2 The bond was required by 19 U.S.C. §167 and 19 C.F.R. 153.50.

3 The Customs Courts Act of 1980, Pub. Law No. 96–417 (1980), changing the name of this court to the United States Court of International Trade, did not become effective until Nov. 1, 1980.

4 19 U.S.C. §1941 provides:

Any entered or unentered merchandise (except merchandise entered under Section 557 of this act [19 U.S.C. §1557], but including merchandise entered for transportation in bond or for exportation) which shall remain in customs for custody for 1 year from the date of importation thereof, without all estimated duties and storage or other charges thereon having been paid, shall be considered unclaimed and abandoned to the Government and shall be appraised and sold by the appropriate customs officer at public auction under such regulations as the Secretary of the Treasury shall prescribe.

5 C.R.D. 80–13, at 30 (citing Baker v. Gotz, 415 F. Supp. 1243 (D. Del. 1976), aff’d, 546 F.2d 415 (3d Cir. 1976)).

6 C.R.D. 80–13, at 30.

7 Id. at 31 (citing Matsushita Electric Industrial Company, Ltd., et al. v. The United States Treasury Department, et al., 67 Cust. Ct. 328, CD. 4292 (1971), aff’d, 60 C.C.P.A. 85, C.A.D. 1086, 485 F.2d 1402 (1973), cert, denied, 414 U.S. 821 (1973)).

8 Pub. L. 96–39, 93 Stat. 144, enacted July 26, 1979. The 1979 Act permits the Customs Court to enjoin the liquidation of entries under circumstances described in the Act, pending a final countervailing duty or antidumping determination.

9 Industrial Fasteners Group, American Importers Association v. United States, 495 F. Supp. 911 (Cust. Ct. 1980).

10 The court in Alberta Gas was careful to note that its injunctive powers may not be used as a vehicle to create jurisdiction, but may properly be employed to preserve it. C.R.D. 80–13, at 31.