Pipe Importer to Appeal CIT Decision Rejecting Due Process Claim in EAPA Case

Importer Phoenix Metal Co. will appeal a June Court of International Trade decision sustaining CBP's finding that the company evaded the antidumping and countervailing duties on cast iron soil pipe from China by transshipping the pipe through Cambodia. In its decision, the court rejected Phoenix's due process claims, which faulted CBP for failing to notify the company that it was subject to an interim Enforce and Protect Act investigation (see 2406100027). The trade court said the importer failed to allege that it suffered specific-enough harm by being subject to the interim measures without adequate notice. According to the Aug. 9 notice of appeal, Phoenix will take the case to the U.S. Court of Appeals for the Federal Circuit (Phoenix Metal v. U.S., CIT # 23-00048).