US Says Royal Brush Doesn't Apply to EAPA Case Where Liquidation Is Final

The U.S. Court of Appeals for the Federal Circuit's key decision in Royal Brush Manufacturing v. United States doesn't apply to an Enforce and Protect Act case brought by importer All One God Faith since the importer's entries are all liquidated, the U.S. told the appellate court. Submitting a letter to the court on Nov. 7, the government argued that the court "has not addressed its jurisdiction over cases where all entries were liquidated with antidumping duties and those liquidations became final and conclusive," adding that this fact distinguishes it from Royal Brush (All One God Faith v. United States, Fed. Cir. # 23-1078).

In Royal Brush, the Federal Circuit said that CBP violated an EAPA party's due process rights by not providing it access to the confidential business information in the proceeding (see 2307270038). The present case concerns an EAPA investigation into the alleged transshipment of Chinese xanthan gum via India and was stayed pending the resolution of Royal Brush (see 2310170034).

With that case decided, and the U.S. coming out on the losing end, the government is now attempting to distinguish its present situation from Royal Brush. The U.S. said Royal Brush is irrelevant since "the facts here are materially different" since liquidation became "final and conclusive" given that the importer did not appeal its denied protest at CBP.