CBP Requests Stay of EAPA Remand to Issue Covered Merchandise Referral

The U.S. moved for a stay of proceedings in an Enforce and Protect Act contest at the Court of International Trade after CBP found that a covered merchandise referral to the Commerce Department was needed after a voluntary remand request to reconsider its affirmative evasion finding (Fedmet Resources Corporation v. United States, CIT #21-00248).

In the EAPA investigation, CBP found that Fedmet Resources evaded the antidumping duty and countervailing duty orders on magnesia alumina carbon bricks from China. CBP requested, and was ultimately granted, a remand to go over scope-related and due process issues raised by Fedmet (see 2201070012). What Fedmet did not consent to, though, was CBP's stay motion to issue the covered merchandise referral.

"Although CBP has made significant progress to date related to these remand issues, CBP has determined that it must exercise its authority under the EAPA statute to seek a covered merchandise referral from Commerce because it is unable to determine whether the bricks it tested are covered merchandise," the brief said.