Substantial evidence shows that Lyke Industrial Tool evaded antidumping duties on imported diamond sawbaldes from China, CBP said in a recent notice of final determination. The determination is a result of an Enforce and Protect Act allegation from the Diamond Sawblades Manufacturers' Coalition, which filed the allegation with CBP in 2018. CBP's review involved Thai manufacturer Like Tools. "Several facts influenced CBP’s determination as to evasion in this case," the agency said. "These facts include repeated observations by CBP officials that Like Tools covered 'Made in China' labels on covered merchandise and inputs with 'Made in Thailand' labels; discrepancies between Lyke’s [request for information] responses and CBP’s findings at verification;" and "the inability of Lyke and Like Tools to demonstrate Like Tools’ transfer of ownership," it said. A lawyer for Lyke, Lizbeth Levinson of Fox Rothschild, said by email that the company disagrees with the determination and plans "to appeal through the administrative review process."
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Plaintiffs, led by American Pacific Plywood, that stand accused of evading antidumping and countervailing duty orders on hardwood plywood from China vigorously challenged CBP's finding of evasion in an Aug. 5 brief backing their motion for judgment at the Court of International Trade. In another case going after CBP's alleged violations of due process in Enforce and Protect Act investigations (see 2107010085), the plaintiffs argued that CBP's missteps are not merely procedural mistakes, but rather a "failure of essential process that led to profound harm." The violations are so egregious that they "would be unacceptable in any country that prides itself on democratic process -- and for the United States, they are a travesty," the brief said (American Pacific Plywood, Inc. et al. v. United States, CIT Consol. #20-03914).
An Enforce and Protect Act investigation into alleged antidumping or countervailing duty evasion by a cabinet importer didn't produce evidence that the evasion was happening, CBP said in a July 21 notice of determination. The investigation involved BGI Group, which does business as U.S. Cabinet Depot and was alleged to have shipped wooden cabinet and vanities (WCV) "subject to the AD/CVD Orders to Cambodian company Cambodia Golden Coast Wood Products Co., Ltd." for "repackaging and exporting the Chinese-origin merchandise to BGI." Based on the information on the record of the investigation, "including the absence of sufficient additional evidence of evasion obtained subsequent to the [notice of investigation], CBP finds that substantial evidence does not exist that BGI entered into the customs territory of the United States WCV manufactured in China that had been transshipped through Cambodia during the period of this EAPA investigation."
The U.S. requested the chance to take another look at an Enforce and Protect Act investigation to consider documents that were not sent from one CBP office to another, in a July 30 motion for remand in the Court of International Trade. The agency also sought the remand in light of the court's decision in Royal Brush v. United States, in which CIT held that CBP failed to provide adequate public summaries of business confidential information (BCI) (see 2012020050). The plaintiff in the case, Leco Supply, opposed the remand request, arguing that it is "too broad to be justifiable" under the court's standards for allowing remands (Leco Supply, Inc. v. United States, CIT #21-00136).
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Hialeah Aluminum Supply supports a Dominican aluminum extrusion producer's bid to join its lawsuit challenging an Enforce and Protect Act investigation into antidumping duty evasion. In a brief filed July 16, the importer said it supports a request from Kingtom Alumino, at the center of the challenged EAPA investigation (see 2106280026), for reconsideration of Kingtom's motion to intervene in the case.
CBP announced the launch of an Enforce and Protect Act investigation and the imposition of “interim measures” on BGI Group for alleged evasion of antidumping and countervailing duties on wooden cabinets and vanities by way of transshipment through Vietnam, the agency said in a recent notice. CBP will suspend liquidation and require cash deposits as of March 26, 2021, for entries from Vietnam from the BGI Group, which does business as U.S. Cabinet Depot.
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A furniture importer's argument that the Enforce and Protect Act investigation finding it guilty of antidumping duty evasion was unconstitutional is not valid since the importer does not have a protectable interest, the Department of Justice said in a July 9 brief in the Court of International Trade. Since a protectable interest is necessary to claim a due process violation has been committed, Aspects Furniture International's constitutional arguments against the EAPA process fall flat, DOJ said (Aspects Furnitre International, Inc. v. United States, CIT #20-03824).