CBP will take a closer look at entries of imported xanthan gum brought in by A&A Pharmachem Inc. USA as part of an investigation under the Enforce and Protect Act, the agency said in a May 27 notice it posted on June 3. The investigation followed an allegation filed by CP Kelco, through Greenberg Trauring lawyer Matthew Kanna, that said A&A evaded antidumping duty order A-570-985 on xanthan gum from China, CBP said. CP Kelco is a domestic producer of the product.
The Court of International Trade on June 2 stayed a case challenging an Enforce and Protect Act determination of antidumping duty evasion pending the resolution of a related case on the scope of the underlying AD order. Judge Stephen Alexander Vaden ordered that within 14 days of the resolution of the AD scope case, the Department of Justice and plaintiff Thai pipe exporter Blue Pipe Steel Center Co. will file a status report and proposed briefing schedule. The related case on the scope ruling concerns whether dual stenciled pipe is covered under the AD order on circular welded carbon steel pipes and tubes from Thailand. In the motion to stay proceedings, Blue Pipe argued that if the scope ruling were deemed to be unlawful, “CBP’s determination of Blue Pipe’s evasion should also be deemed unlawful” (Blue Pipe Steel Center Co., Ltd. v. United States, CIT #21-00081).
Thai pipe exporter Blue Pipe Steel Center Co. filed an unopposed motion to stay proceedings on June 1 in its Enforce and Protect Act challenge until a decision is received from a related case involving a scope ruling on the underlying antidumping duty order in the Court of International Trade. Blue Pipe is hoping to reverse the affirmative determination that its dual stenciled pipe evaded antidumping duties on circular welded carbon steel pipes and tubes from Thailand. Since a related lawsuit from Saha Thai is challenging a scope ruling that found that dual-stenciled pipe was covered by the AD duty order, Blue Pipe's case should wait until the scope matter is settled, the company said.
CBP is investigating Gogo International in response to allegations of evasion of antidumping duties required on imported diamond sawblades from China, CBP said in a May 19 notice. The investigation stems from allegations filed under the Enforce and Protect Act by the Diamond Sawblades Manufacturers’ Coalition, CBP said. The group alleged that Gogo evaded AD/CV duties using transshipment. The coalition is represented by Wiley lawyer Daniel Pickard. The Commerce Department recently issued a scope ruling in the case following a CBP request (see 2104300081).
CBP's failure to alert Fedmet Resources of an Enforce and Protect Act investigation or to publish public summaries in the proceeding violated the company's constitutional due process rights, Fedmet said in a May 21 complaint in the Court of International Trade.
Kingtom Aluminio SRL, a Dominican Republic aluminum extrusion company, is under Enforce and Protect Act investigation by CBP over suspected antidumping and countervailing duty evasion, CBP said in a notice posted May 19. The Aluminum Extrusions Fair Trade Committee, represented by Robert DeFrancesco of Wiley, filed the allegation against the company. Kingtom is already involved in other EAPA cases (see 2104280032), some of which are being litigated over at the Court of International Trade (see 2105180055).
A case challenging an Enforce and Protect Act determination from aluminum extrusion importer Hialeah Aluminum Supply (see 2104300056)]) was consolidated with a similar case from Global Aluminum Distributor (see 2104280049), according to a May 17 order from the Court of International Trade. Both Hialeah and Global Aluminum argue that CBP's process of determining that the exporters evaded antidumping duties on aluminum extrusions from China violated their Fifth Amendment due process rights and the agency's own regulations.
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CNC Associates is being investigated after allegations of evasion of antidumping and countervailing duties required on imported wooden cabinets and vanities and components from China, CBP said in a May 5 notice. The investigation stems from allegations filed under the Enforce and Protect Act (EAPA) by MasterBrand Cabinets, an Indiana cabinetmaker, CBP said. The company alleged that CNC evaded AD/CV duties using transshipment through Malaysia. MasterBrand is represented by Wiley Rein lawyer Timothy Brightbill, who represents several EAPA allegers.
The following lawsuits were recently filed at the Court of International Trade: