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    Court clarifies whether immunity from suit extends to an examinee questioned under section 236 of the Insolvency Act 1986
    2021-09-17

    The Court of Appeal has overturned a decision of the High Court on whether immunity from suit, generally afforded to participants in court proceedings, extends to an examinee during an examination conducted under section 236 of the Insolvency Act 1986 ("Section 236").

    Filed under:
    United Kingdom, Scotland, England & Wales, Insolvency & Restructuring, Litigation, Brodies LLP, Defamation, Countervailing duties, Liquidation, Liquidator (law), Winding-up, Insolvency Act 1986 (UK), High Court judge (England and Wales), Court of Appeal of England & Wales
    Authors:
    Andrew Scott
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    CBP “reliquidates” deemed liquidation statute
    2014-07-02

    Recently, U.S. Customs and Border Protection (CBP) took a new, creative tack in a long struggle with importers regarding application of the “deemed liquidation” statute, 19 U.S.C. § 1504, to entries subject to antidumping and countervailing duties (AD/CVD). Importers need to be aware that CBP is now taking the dubious position that it is entitled to “reliquidate” a “deemed liquidated” entry at any time, so long as it gives notice to the importer of the “deemed liquidation” and then reliquidates the entry within 90 days after the date of the notice.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trade & Customs, Faegre Drinker Biddle & Reath LLP, Countervailing duties, Liquidation, US Customs and Border Protection
    Authors:
    Douglas J. Heffner , William R. Rucker , Richard P. Ferrin
    Location:
    USA
    Firm:
    Faegre Drinker Biddle & Reath LLP
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