US Stays EAPA Case Pending Possible SCOTUS Appeal of Royal Brush Decision

The U.S. Court of Appeals for the Federal Circuit in an Oct. 17 order granted a stay in a case on the Enforce and Protect Act investigation on the alleged transshipment of Chinese xanthan gum via India until 30 days after all appeals are foreclosed in the key Royal Brush Manufacturing v. United States case. In Royal Brush, the appellate court said that CBP violated an importer's due process rights in an EAPA investigation by not providing that company access to the business confidential information in the proceeding (see 2307270038) (All One God Faith v. United States, Fed. Cir. # 23-1078, -1081).

The U.S. requested the stay in the present action, brought by All One God Faith, doing business as Dr. Bronner's Magic Soaps, which concerns similar due process claims (see 2309080033). The government said the Royal Brush decision "may potentially affect the legal issues before the Court," suggesting a possible appeal of the decision to the Supreme Court.

Judge Jimmie Reyna granted the appeal, ruling that the parties should tell the court how the case should proceed within 14 days of the "Supreme Court's resolution of any petition for a writ of certiorari or the expiration of any time to seek certiorari if no such petition is filed."