CIT Upholds CBP's Affirmative AD/CVD Evasion Finding on Cabinet Importer
The Court of International Trade sustained CBP's finding that importer Scioto Valley Woodworking evaded the antidumping duty and countervailing duty orders on wooden cabinets and vanities from China, in a confidential decision issued Sept. 12. Judge Lisa Wang said the evasion finding, which CBP flipped on remand, is supported by "substantial evidence and complies with the court's instructions" (American Kitchen Cabinet Alliance v. United States, CIT # 23-00140).
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In a letter to the litigants, Wang gave the parties until Oct. 3 to review the confidential information in the decision.
Wang remanded CBP's initial negative evasion finding in November 2024, after declaring that CBP's Office of Regulations and Rulings failed to consider key evidence that detracts from its conclusion (see 2411250023). The judge told CBP to revisit evidence on the contents of a warehouse owned by Alno Industry, Scioto's affiliated Malaysian supplier, and the extent of the control of Alno's parent company, Qingdao Haiayn Group, on Scioto and Alno related to the production and shipment of wooden cabinets and vanities.
On remand, CBP flipped its negative evasion determination to an affirmative one, finding that the evidence indicates the importer skirted the orders (see 2501310016). CBP said it reviewed evidence showing Alno "received finished merchandise from China" and maintained a warehouse that had boxes of wooden cabinets and vanities, "some of which were unmarked with respect to country of origin or customer." The agency also found that Haiyan Group "exercised complete control" over the production of cabinets and vanities, including whether Scioto received Chinese or Malaysian-made products.