Rulings, remedies and court proceedings for customs and trade professionals

CAFC Grants US Remand Request in EAPA Case to Consider 'Royal Brush' Ruling

The U.S. Court of Appeals for the Federal Circuit on Jan. 25 granted the U.S. government's unopposed motion to voluntarily remand an Enforce and Protect Act case to consider the appellate court's ruling in Royal Brush Manufacturing v. U.S. In Royal Brush, the Federal Circuit said CBP violated an EAPA respondent's due process rights by failing to provide it access to the business confidential information in the proceeding (Skyview Cabinet USA v. United States, Fed. Cir. # 23-2318).

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The court sent the case, brought by importer Skyview Cabinet USA, back to the Court of International Trade for remand proceedings "consistent with Royal Brush." In its remand request, the government said CBP "acknowledges its treatment of confidential business information during the underlying EAPA investigation" on wooden cabinets and vanities imported by Skyview Cabinet USA "did not comport with this Court's later holding in Royal Brush" (see 2310270031).

The remand order comes after a CIT opinion in a separate EAPA case in which the court rejected a similar voluntary remand motion because it wouldn't impact the underlying evasion determination being challenged (see 2401230072). The court noted that there didn't need to be a separate remand proceeding solely to address the due process concerns, given that the parties all had access to the confidential information in the case through a judicial protective order.