US Asks for Remand to Provide Access to Confidential Info in EAPA Case

The U.S. asked the Court of International Trade for a voluntary remand in an Enforce and Protect Act case to consider the U.S. Court of Appeals for the Federal Circuit's key decision in Royal Brush Manufacturing v. U.S. In that decision, the appellate court said that CBP violated an EAPA respondent's due process rights by not providing it access to the confidential business information in the case (see 2307270038) (Phoenix Metal Co. v. United States, CIT # 23-00048).

The government asked for a limited voluntary remand "[w]ithout confessing error" in the EAPA case brought by Phoenix Metal Co. involving the finding that Phoenix transshipped Chinese soil pipe through Cambodia to evade antidumping and countervailing duties. The U.S. said it has a "substantial and legitimate basis to reconsider the actions it took with respect to procedural steps," namely, "to provide the parties access to confidential business information."

Phoenix Metal told the government it intends to oppose the motion via a written response.