US Seeks Stay in EAPA Case Pending Question on Relief for Liquidated Entries

The U.S. asked for a stay of a case at the U.S. Court of Appeals for the Federal Circuit on an Enforce and Protect Act investigation on the alleged transshipment of Chinese xanthan gum via India. The government said the case should be suspended until the Royal Brush Manufacturing v. U.S. matter is resolved (All One God Faith v. United States, Fed. Cir. #s 23-1078, -1081).

In that case, the Federal Circuit said that the appeal of CBP's evasion decision wasn't moot as it relates to three finally liquidated entries, since Royal Brush "had nothing to protest in the liquidation determinations of its first three entries because Royal Brush was not assessed any antidumping duties." In the xanthan gum EAPA case, the Court of International Trade said it lacked subject matter jurisdiction on the entries since they had liquidated with the AD duties but there hadn't been an appeal of CBP's denial of any protests against the liquidations.

The government said the Royal Brush decision is "potentially pertinent to the issues involving [importer] GLoB's entries" and "may potentially affect the legal issues before the Court in this appeal."