US Gets Voluntary Remand in EAPA Case After Scope Ruling Excludes Importer's Goods From AD Order

The Court of International Trade on Sept. 11 granted the government's voluntary remand motion in a case on CBP's finding that importer Zinus evaded the antidumping duty order on wooden bedroom furniture from China. The government asked for the remand in light of the Commerce Department's scope ruling finding that Zinus' imported bedframes aren't covered by the AD order (Zinus v. United States, CIT # 23-00272).

The present case had been stayed pending the resolution of the scope decision. Another importer and EAPA petitioner, CVB, challenged the scope decision in a separate CIT case, though CVB ditched that case after the government argued that the company didn't have standing to challenge the decision (see 2408150005). Commerce said as a result that the scope decision "is final and unappealable."

The government said remand is warranted since it would allow CBP to "reconsider whether plaintiff entered 'covered merchandise' into the United States" in light of the scope ruling. The remand also would let the agency address the U.S. Court of Appeals for the Federal Circuit's ruling in Royal Brush Manufacturing v. U.S., which established certain due process protections for parties subject to EAPA proceedings.

Zinus consented to the remand request while CVB took no position on the motion. Judge M. Miller Baker gave CBP 120 days to file its remand results.