CIT Sustains CBP's EAPA Reversal in Kingtom Aluminio Case
The Court of International Trade will close out a controversial case involving allegations of antidumping and countervailing duty evasion by a Dominican exporter in that Dominican exporter’s favor, granting on Aug. 8 a motion to enter judgment sustaining CBP’s reversal of an evasion finding for Kingtom Aluminio in an Enforce and Protect Act investigation. Kingtom, several importers and the U.S. government had filed a joint motion requesting CBP’s remand results be sustained (see 2206230037).
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CBP originally found Kingtom Aluminio didn't have the capacity to produce the aluminum extrusions it exported to the U.S., imposing China aluminum extrusions duties on the basis that Kingtom was instead transshipping Chinese extrusions. But after a reexamination of the evidence on remand, CBP found that Kingtom had the capacity to produce the extrusions in the Dominican Republic and was not guilty of evasion (see 2206150047).
(Global Aluminum Distributor v. U.S., Slip Op. 22-90, CIT # 21-00198, dated 08/08/22, Judge Richard Eaton. Attorneys: David Craven of Craven Trade Law for plaintiff Global Aluminum Distributor; Lizbeth Levinson of Fox Rothschild for consolidated plaintiff Hialeah Aluminum Supply; Brady Mills of Morris Manning for plaintiff-intervenor Kingtom Aluminio; Alexander Vanderweide for defendant U.S. government; Jeremy Dutra of Squire Patton for defendant-intervenor Ta Chen International)