Aectra Refining and Marketing, Inc. v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
Aectra Refining and Marketing, Inc. (“Aectra”) unsuccessfully sought a refund from United States Customs and Border Protection (“Customs”) of import taxes and fees paid on products that were subsequently used to produce exported goods. Such refund claims are known as claims for “drawback.” Aectra then filed suit in the Court of International Trade, which rejected Aectra’s drawback claim as untimely. The trade court held that the three-year limitations period imposed by 19 U.S.C. § 1313(r)(1) had not been suspended by 2004 legislation and that Aectra had not completed its…
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