EAPA Plaintiffs Say Royal Brush Opinion 'Directly Relevant' to Their Suit

Three plaintiffs in an Enforce and Protect Act case at the Court of International Trade cited the U.S. Court of Appeals for the Federal Circuit's recent decision in Royal Brush Manufacturing Co. v. U.S. as being "directly relevant" to their own lawsuit. In Royal Brush, the Federal Circuit said CBP violated importer Royal Brush's due process rights by refusing to provide it access to the business confidential information in the EAPA proceeding (see 2307270038). In their case against CBP's finding of evasion of the AD/CVD orders on glycine from China, plaintiffs Newtrend USA Co., Starille and Nutrawave Co. said the Royal Brush decision relates to their first count, which also says CBP violated their due process rights. The companies said they are prepared to submit briefs on the significance of the opinion ahead of the deadline for the U.S. and the petitioner to submit their reply briefs (Newtrend USA Co. v. U.S., CIT # 22-00347).