Aluminum Extrusions Importer Wants Stay Lifted in EAPA Case Given CBP's Evasion Finding Flip

Importer Global Aluminum Distributor in a June 24 reply brief dropped its opposition to defendant-intervenor Aluminum Extrusions Fair Trade Committee's bid to lift the stay order at the Court of International Trade in an Enforce and Protect Act case looking into aluminum extrusions from China. The action was brought by H&E Home and Classic Metals Suppliers, later joined by Global Aluminum as a consolidated plaintiff, to contest the CBP's finding that the plaintiffs were evading the antidumping and countervailing duty orders on aluminum extrusions by transshipping them through the Dominican Republic. The case was stayed pending the resolution in another matter brought by Global Aluminum over CBP's evasion finding (H&E Home v. United States, CIT Consol. #21-00337).

In that case, CBP requested a voluntary remand, then came back to the court and said that after looking at the record, it no longer believes Global Aluminum and importer Hialeah Aluminum Supply evaded the AD/CVD orders (see 2206150047). The U.S. and the plaintiffs then filed a joint motion for judgment. Global Aluminum in the present action now argues that the court should lift the stay, given CBP's "dispositive remand," the absence of opposition to the remand results and the joint motion.