CIT Sends Back Parts of Wooden Bedroom Furniture EAPA Case to CBP

The Court of International Trade in a Nov. 28 opinion sent back parts and upheld parts of CBP's evasion finding under the Enforce and Protect Act that Aspects Furniture International (AFI) evaded antidumping duties on wooden bedroom furniture from China. Judge Jennifer Choe-Groves held that CBP acted improperly by retroactively covering entries made before the EAPA statute came into force, including in the EAPA investigation of merchandise found by the Commerce Department in a scope ruling to not be covered by the order and failing "to provide sufficient public summaries of confidential documents on the administrative record." However, the judge ruled CBP did not deprive AFI of due process by imposing interim measures before the importer had a chance to respond to the evasion allegation and did not illegally combine the EAPA investigation with a regulatory audit.