CIT Grants Stay Request for Scope Referral in MAC Brick EAPA Case

The Court of International Trade in a June 7 order granted the U.S.'s bid for a stay in an Enforce and Protect Act case, halting proceedings until the Commerce Department issues its final determination in the relevant covered merchandise referral matter. The case concerns Fedmet Resources' challenge of a 2020 EAPA determination, in which CBP found that Fedmet had evaded the antidumping duty and countervailing duty orders on magnesia alumina carbon (MAC) bricks from China. On April 27, CBP requested a stay to seek a covered merchandise referral from Commerce because it says that it's unable to determine whether the bricks it tested are covered merchandise (see 2204270072) (Fedmet Resources v. U.S., CIT #21-00248).

Fedmet contested the stay bid, arguing that the Federal Circuit already said in 2014 that the company's Bastion MAC bricks aren't covered by the AD/CVD orders and that a stay would be prejudicial given the length of the remand and the fact that the cash deposits effectively bar the company from importing. The U.S. argued that the Federal Circuit's ruling may not be applicable in this case, hence the need for a covered merchandise referral, and that the matter isn't prejudicial (see 2206060023).