NEC Solutions (America), Inc. v. United States , 2003 CIT 124 ( 2003 )

SLIP _ OP. 03-124 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: HON. JANE A. RESTANI, .TU`DGE NEC SoLUTIoNS (AMERICA), INC., Plaintiff, v. : » . : Con. Court No. 01-0O147 THE UNITED sTATEs, z Defendant. JUDGMENT `()RDER Whereas the parties to this action moved for summary judgment, and the Court decided the issues raised in the parties’ motions in Slip Op. 03-80 entered on July 9, 2003, and corrected on July 2l, 2003; and Whereas the parties have conferred regarding the amounts of money to be refunded in this judgment order, and the dates from which interest will be calculated on the amounts to be refunded; and Whereas the plaintiff paid increased antidumping duty and interest to the defendant on various dates between May 30, 2001, and December 14, 200 l , as follows: l Date of Payment Sum of the amounts paid by plaintiff 05/30/01 $ 2,549,247.53 06/l 1/01 344,679.57 06/13/01 6,250,636.26 06/28/01 6,252.45 07/02/01 1,211,516.09 07/05/01 47,957.37 07/10/01 3,312.37 07/19/01 1,312,147.83 07/24/01 465,518.82 07/26/01 1,311,317.25 03/02/01 76,314,38 08/15/01 273,215.68 08/20/01 49,842.80 09/05/01 23,074.65 12/14/01 7,307.03 Total amount paid by plaintiff that is to be refunded: $ 13,932,840.48; it is hereby ORDERED that plaintiffs entries covered by the Department of Comm- erce's fourth administrative review are severed and dismissed from this action for lack of jurisdiction; and it is further ORDERED that plaintiffs motion for summary judgment shall be, and hereby is, granted as to the entries covered by the Department of Commerce‘s fifth through the eighth administrative reviews, but otherwise denied; and it is further ORDERED that defendant‘s cross-motion for summary judgment shall be, and hereby is, granted as to the entries covered by the Department of Commerce‘s 2 ninth and tenth administrative reviews, but otherwise denied; and it is further ORDERED that defendant, without reliquidating the entries, shall refund » to the plaintiff a total of thirteen million, nine hundred thirty two th0usand, eight hundred forty dollars and forty eight cents ($13,932,840.48), in separate a;rnounts, with interest as provided by law on such amounts from the dates of payment set forth above. Dated: New NY This day of 2003 JUDGE