CBP didn't need to refer the question of whether petitioner CP Kelco still made oilfield xanthan gum to the Commerce Department in an antidumping duty evasion case, the U.S. Court of Appeals for the Federal Circuit held on Feb. 27. Judges Kimberly Moore, Todd Hughes and Tiffany Cunningham said the evidence didn't support such a referral and, in any case, such a referral would only apply to future merchandise and not the goods subject to the evasion case.
The U.S. Court of Appeals for the Federal Circuit on Feb. 27 sustained CBP's finding that importers Glob Energy Corp., Ascension Chemicals, UMD Solutions and Crude Chem Technology evaded the antidumping duty order on xanthan gum from China. Judges Kimberly Moore, Todd Hughes and Tiffany Cunningham rejected the importers' claim that CBP was required to refer the case to the Commerce Department to see if petitioner CP Kelco was still injured by oilfield xanthan gum imports, based on evidence purportedly showing the company no longer made oilfield xanthan gum. The judges also said CBP properly used adverse inferences against the claimed manufacturers of the merchandise. Lastly, the court said the Court of International Trade erred in finding it didn't have jurisdiction over entries erroneously liquidated by CBP, but the error was harmless given that the evasion finding was properly supported.
In oral arguments Oct. 8, the U.S. Court of Appeals for the Federal Circuit indicated that the plaintiff challenging an Enforce and Protect Act evasion finding whose entries have all already been liquidated was likely not going to succeed in reversing the dismissal of its case by the Court of International Trade (see 2208180045) (All One God Faith v. U.S., Fed. Cir. # 23-1078).