CIT Reinstates Case on Section 301 Exclusions After Calendaring Mistake Led to Dismissal
The Court of International Trade on Nov. 7 granted importer Danfoss' motion to reopen its case seeking exclusions from Section 301 China tariffs on its scroll compressors and scroll-type compressors after the court dismissed the case for lack of prosecution. Judge Claire Kelly vacated the dismissal and said the case will remain on the customs case management calendar until Oct. 31, 2026 (Danfoss LLC v. United States, CIT # 23-00214).
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Counsel for Danfoss moved to set aside the dismissal, telling the court it overlooked the deadline to extend the time the lawsuit was on the customs case management calendar due to a good faith "calendaring mistake" (see 2511060037). The importer asked the court to reopen the case on the grounds that delay was minimal, no prejudice was done to the government and the company acted in good faith.
Danfoss told the court that in July 2024 it proposed to stipulate that the goods at issue qualify for exclusion from the Section 301 duties, but that the government said it's still in the process of reviewing the proposed stipulation.