CIT Consolidates EAPA Challenges From Aluminum Extrusion Importers
A case challenging an Enforce and Protect Act determination from aluminum extrusion importer Hialeah Aluminum Supply (see 2104300056)]) was consolidated with a similar case from Global Aluminum Distributor (see 2104280049), according to a May 17 order from the Court of International Trade. Both Hialeah and Global Aluminum argue that CBP's process of determining that the exporters evaded antidumping duties on aluminum extrusions from China violated their Fifth Amendment due process rights and the agency's own regulations.
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Hialeah and Global Aluminum were the subjects of EAPA allegations filed by Ta Chen International Inc. that the importers were evading antidumping duties by way of a transshipment scheme involving Kingtom Aluminio SRL in the Dominican Republic. Allegedly, the aluminum extrusions were transshipped through the Dominican Republic to evade duties as opposed to being produced in the Caribbean nation, as the importers claim. CBP subsequently issued an affirmative determination of evasion and denied a request for administrative review from Kingtom.