CAFC Officially Remands EAPA Case After Finding CBP Violated Importer's Due Process Rights

The U.S. Court of Appeals for the Federal Circuit officially issued its order vacating and remanding the Court of International Trade's opinion upholding CBP's evasion finding for importer Royal Brush Manufacturing. The Aug. 1 order came a few days after the court's consequential opinion, which said CBP violated Royal Brush's due process rights by not giving it access to confidential information in the Enforce and Protect Act investigation into the company (see 2307270038). The order remands the antidumping and countervailing duty evasion case so the agency can make the whole record available to the importer (Royal Brush Manufacturing v. United States, Fed. Cir. # 22-1226).