The U.S. on Jan. 12 opposed a group of importers' bid to add two claims to their case challenging CBP's initiation of an Enforce and Protect Act duty evasion investigation as "untimely" and the interim measures imposed as a violation of the importers' due process rights (Centric Pipe v. United States, CIT Consol. # 25-00182).
AD/CVD evasion petitioner U.S. OCTG Manufacturers Association opposed a group of importers' bid for leave to amend their complaints in an Enforce and Protect Act case to add two counts to challenge CBP's initiation of the challenged EAPA investigations as "untimely" and the interim measures imposed as a violation of the importers' due process rights (LE Commodities v. United States, CIT Consol. # 25-00182).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Plywood importer InterGlobal Forest, which is seeking a rehearing of its case challenging CBP’s finding that it evaded antidumping and countervailing duties on plywood from China, said Jan. 2 that the government’s response to its motion for reconsideration (see 2512150042) “ignores” its “substantive arguments that the Government is required to complete the administrative record” and “fails to refute IGF’s argument that there has been a manifest injustice in this case” (American Pacific Plywood v. United States, CIT Consol. # 20-03914).
CBP unlawfully initiated an antidumping duty and countervailing duty evasion investigation more than 15 days after receiving an allegation of duty evasion and imposed interim measures in violation of importer Sinoboom North America's due process rights, Sinoboom argued in a Dec. 22 complaint at the Court of International Trade (Sinoboom North America v. United States, CIT # 25-00876).
Responding to a plywood importer’s motion for rehearing, the U.S. Dec. 12 denied that it had suppressed evidence in “flagrant violation” of a remand order, saying the importer, InterGlobal Forest, had no basis for seeking a rehearing of its case (American Pacific Plywood v. United States, CIT Consol. # 20-03914).
The Court of International Trade on Dec. 12 denied the government's motion for reconsideration of the trade court's previous decision to vacate CBP's finding that Dominican exporter Kingtom Aluminio made its aluminum extrusions with forced labor. Although Judge Timothy Reif said he made a mistake of fact in the initial decision, the mistake was a "harmless error," and that no mistake of law was made.
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
CBP's regulations regarding the notice provided to importers subject to Enforce and Protect Act investigations and when CBP must initiate those investigations violated an importer's due process rights, the Court of International Trade held on Nov. 26.
The Court of International Trade on Nov. 26 found provisions of CBP's Enforce and Protect Act regulations violate importers' due process rights. Judge Jennifer Choe-Groves said a provision which requires notice to the importer no later than five business days after day 90 of an EAPA investigation doesn't give the importer a "procedural due process right to notice" and a "meaningful opportunity to be heard" prior to the imposition of interim measures. She also found CBP erred in taking more than 15 days to open an investigation after receiving an allegation. Instead of vacating the investigation, however, the judge ordered CBP to "rescind the interim and final enforcement measures imposed on quartz countertop products imported by" Superior water Sept. 29, 2022, the date on which the court said CBP was required to start its investigation.