2013 WL 979112
Ct. Int'l Trade2013Background
- Koyo sues ITC and Customs challenging CDSOA distributions for fiscal years 2010 and 2011.
- ITC did not include Koyo on the ADP list, and Customs made no CDSOA distributions to Koyo.
- Koyo certified eligibility for FY2010 and FY2011 distributions despite not appearing on the lists.
- Plaintiff asserts facial and as-applied First Amendment challenges and Fifth Amendment due process/equal protection challenges.
- Defendants move to dismiss under Rule 12(b)(5); intervenors move for judgment on the pleadings under Rule 12(c).
- Court holds that plaintiff’s claims fail and grants dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are facial First Amendment challenges foreclosed? | Koyo argues CDSOA violates First Amendment on its face. | SKF USA II controls and sustains CDSOA against such challenges. | Foreclosed; Counts 1-4 dismissed. |
| Are as-applied First Amendment/equal protection challenges viable? | Koyo alleges applied discrimination contrary to First Amendment and equal protection. | Pat Huval controls; no distinguishable facts from SKF USA II. | Foreclosed; as-applied claims dismissed. |
| Do Fifth Amendment equal protection grounds invalidate the petition support requirement? | Requests heightened scrutiny or invalid classification. | CDSOA passes rational basis review per SKF USA II. | Foreclosed; counts dismissed. |
| Is the retroactivity claim under due process valid? | Eligibility based on past conduct constitutes retroactive impairment. | Retroactivity justified by rational legislative purpose; Pat Huval controls. | Foreclosed; count dismissed. |
| Overall viability of plaintiff’s constitutional claims? | Constitutional challenges should proceed. | Claims indistinguishable from earlier rejected cases. | All claims fail; action dismissed. |
Key Cases Cited
- SKF USA Inc. v. United States, 556 F.3d 1337 (Fed. Cir. 2009) (upheld CDSOA against First Amendment and equal protection challenges)
- Pat Huval Restaurant & Oyster Bar, Inc. v. United States, 823 F. Supp. 2d 1365 (2012) (as-applied challenges align with SKF USA II; claims foreclosed)
- New Hampshire Ball Bearing Co. v. United States, 815 F. Supp. 2d 1301 (2012) (retrospective CDSOA reasoning cited regarding due process)