CIT Sustains Negative Evasion Finding in Confidential Decision
The Court of International Trade in a confidential June 17 order sustained CBP's remand results in an aluminum extrusions antidumping and countervailing duty evasion case in which the agency dropped its finding that Global Aluminum and importer Hialeah Aluminum Supply evaded the order (see 2301100033) (H&E Home v. United States, CIT Consol. # 21-00337).
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The case was stayed pending resolution in a separate EAPA challenge brought by Global Aluminum. In both suits, CBP requested a voluntary remand and ultimately said it no longer believes Global Aluminum and Hialeah evaded the orders (see 2206150047). The trade court lifted the stay in the present case, brought by H&E Home and Classic Metals Suppliers, leading to a voluntary remand request from the government to allow for CBP to provide the parties with access to the confidential information in the proceeding (see 2209080013).
CBP provided that access on remand and reversed the evasion finding. Judge Richard Eaton gave the parties until June 24 to review the confidential information in the decision, which sustained the remand decision.