CIT Says CBP Required to Notify Importers of Start of EAPA Investigation
The Court of International Trade on Nov. 26 found provisions of CBP's Enforce and Protect Act regulations violate importers' due process rights. Judge Jennifer Choe-Groves said a provision which requires notice to the importer no later than five business days…
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after day 90 of an EAPA investigation doesn't give the importer a "procedural due process right to notice" and a "meaningful opportunity to be heard" prior to the imposition of interim measures. She also found CBP erred in taking more than 15 days to open an investigation after receiving an allegation. Instead of vacating the investigation, however, the judge ordered CBP to "rescind the interim and final enforcement measures imposed on quartz countertop products imported by" Superior water Sept. 29, 2022, the date on which the court said CBP was required to start its investigation.