CIT Upholds CBP's Hardwood Plywood Evasion Finding, Rules Against Due Process Claims

The Court of International Trade in a June 22 opinion made public June 30 upheld CBP's affirmative evasion finding related to imports of hardwood plywood from American Pacific Plywood, Global Forest and InterGlobal Forest. CBP said the companies skirted antidumping and countervailing duties on the plywood from China by transshipping their imports through Cambodia. Judge M. Miller Baker ruled that the importers' due process claims relating to their lack of access to confidential information fell flat since they failed to claim that the public summaries of the information were insufficient. The judge added that CBP didn't misapply the substantial evidence standard in the investigation, contrary to the importers' claims. Baker said the companies conflated "evidence" with "concrete proof."