CIT Stays EAPA Case Until Motion to Supplement the Record Sorted

The Court of International Trade denied pig farrowing crate importer Ikadan System USA's motion for an extension of time to file its monition for judgment but stayed the case until the court sorts through the importer's motion to supplement the record. Ikadan requested the extension since it found out that certain items weren't in the administrative record. Instead of extending the briefing schedule as the plaintiff requested, Judge Leo Gordon stayed the briefing in the case until the matter is sorted out. In response, the U.S. filed a motion stating its lack of opposition to Ikadan's bid to supplement the record despite not conferring with the Justice Department. Ikadan then filed a confidential brief giving the court the missing information (Ikadan System USA v. U.S., CIT #21-00592).

The case concerns CBP's Enforce and Protect Act investigation results that found the two plaintiffs, Ikadan and Weihai Gaosai Metal Product, evaded the antidumping duty and countervailing duty orders on steel grating from China. CBP found that Ikadan and Gaosai transshipped the grates through South Korea and also misclassified their entries. The plaintiffs argue, however, that the evasion finding cuts against CBP's own analysis as to the scope of the orders and represents an improper attempt to retroactively apply the AD/CVD (see 2111230085).