US Asks CAFC for Remand to CIT to Give EAPA Respondent Access to Confidential Info

The U.S. asked for a voluntary remand at the U.S. Court of Appeals for the Federal Circuit in an Enforce and Protect Act case to discuss the legal effects of the Royal Brush Manufacturing v. U.S. decision. In Royal Brush, the appellate court said CBP violated an EAPA respondent's due process rights by not granting it access to the business confidential information in the proceeding (see 2307270038). Importer Skyview Cabinet USA consented to the motion, while the petitioner, MasterBrand Cabinets, took no position (Skyview Cabinet USA v. U.S., Fed. Cir. # 23-2318).

The government said CBP "acknowledges its treatment of confidential business information during the underlying EAPA investigation" into wooden cabinets and vanities imported by Skyview Cabinet USA "did not comport with this Court's later holding in Royal Brush." As a result, the U.S. asked for the case to be returned to the Court of Internaitonal Trade "with instructions to remand to Customs to provide access to any confidential business information relied upon by Customs pursuant to a protective order."

The remand would allow the U.S. to "cure the very legal defects asserted by plaintiffs challenging federal action," the brief said.