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CIT Tosses Case Seeking Interest on Duty Overpayments for Lack of Jurisdiction

The Court of International Trade on March 29 dismissed a lawsuit from cellphone case-maker Otter Products seeking interest on customs duty overpayments, finding it lacked jurisdiction to hear the case. Judge Claire Kelly held that the Administrative Procedure Act waiver…

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of sovereign immunity applies only to interest on deposits that are linked with liquidated entries. As a result, there is no specific wavier of immunity related to Otter's claim for interest for its overpayments on tendered prior disclosures "under the no-interest rule," Kelly said.