(United States Federal Circuit) - In an appeal involving the purported overpayment of duties associated with the import of Jaguar-brand cars from the UK to the US,the final decision of the Court of International Trade (CIT), dismissing some of Ford's claims as barred by the statute of limitations under 28 U.
S.
C. section 2636(i) and declining to exercise its discretionary jurisdiction to issue declaratory relief for the remainder of Ford's claims, and is affirmed where: 1) the statute of limitations issue need not be addressed because the statute is not jurisdictional; 2) the CIT did not abuse its discretion in declining to issue declaratory relief; and 3) while the CIT did not reach the declaratory judgment issue with respect to some of Ford’s claims,the CIT would contain denied all claims on that ground, and remand is therefore unnecessary.
Source: findlaw.com