CIT Says CBP Doesn't Need to Immediately Reverse Interim EAPA Measures After Remand Decision

The Court of International Trade on April 24 sustained CBP's finding on remand that importer Columbia Aluminum Products didn't evade the antidumping and countervailing duty orders on aluminum extrusions from China. But Judge Timothy Stanceu rejected Columbia's claim that CBP needed to immediately terminate the interim measures issued under the Enforce and Protect Act after reversing its original evasion finding.

Stanceu said the remand decision is "submitted for the court's review and is not in effect prior to the court's sustaining it through the entry of judgment." Subsequently, the court will order CBP to terminate the interim measures imposed in the EAPA investigation in sustaining the remand decision. Stanceu said Columbia's entitled to get a "prompt refund of all estimated antidumping or countervailing duties that were deposited, with interest as provided by law."

While the U.S. said it wouldn't appeal the case, Stanceu said he's "not convinced that it should order immediate liquidation of the affected entries, a remedy provided for neither in the EAPA nor" in CBP's regulations. In addition, whether the government's negative evasion finding issued without a protest will bar a successful appeal of a judgment in this case is a question for the U.S. Court of Appeals for the Federal Circuit, and not CIT, the judge said.

Whether liquidation of the entries affected here "would moot any appeal by the government of a judgment in this action is an unsettled question," Stanceu added, noting that the court will "avoid taking an action that could moot any appeal of this Court's judgment that the government might pursue." Columbia also failed to show it would be "prejudiced" by a delay in the liquidation of the affected entries pending a final judgment in the suit, since the court "will receive an adequate remedy as to past entries," the opinion said.

CBP's initial affirmative evasion finding was previously remanded by the trade court after Stanceu found that CBP erroneously interpreted the orders' scope to include goods assembled in Vietnam using Chinese-origin extruded aluminum and other non-aluminum extrusions components (see 2401170055). On remand, CBP flipped its position and said Columbia didn't evade the orders (see 2402150033).

(Columbia Aluminum Products v. United States, Slip Op. 24-51, CIT # 19-00185, dated 04/24/24; Judge: Timothy Stanceu; Attorneys: Jeremy Dutra of Squire Patton for plaintiff Columbia Aluminum Products; Alexander Vanderweide for defendant U.S. government)