EAPA Case Plaintiffs Back Off Opposition to Stay After CBP Flips Evasion Finding in Separate Case

Plaintiffs in two Enforce and Protect Act cases, led by Dominican manufacturer Kingtom Aluminio in both actions, backed off their opposition to the U.S.'s motions to suspend proceedings in light of CBP's decision to flip its evasion finding on importers Global Aluminum Distributor and Hialeah Aluminum Supply. In the Global Aluminum Distributor case, CBP said it no longer believes the importers evaded the antidumping and countervailing duty orders on aluminum extrusions from China by transshipping them through Kingtom (see 2206150047). In Kingtom's two cases, the U.S. requested a stay until the court sorts out the Global Aluminum case. These motions were met with opposition by the plaintiffs until CBP flipped its evasion finding in the Global Aluminum action, prompting the plaintiffs to leave the decision over the stay "to the sound discretion of the Court" (Kingtom Aluminio v. United States, CIT Consol. #22-00072, -00079).