United States Court of International Trade

Slip Op. 22-19

            Before the Court in Norca Industrial Co. LLC, et. al., v. United States, Court No. 21-00192, Slip Op. 22-19 (March 11, 2022) were consolidated plaintiff’s motion for judgment on the agency record, and the Government’s motion for a voluntary remand, regarding the Enforce and Protect Act (“EAPA”) allegations accusing plaintiffs of evading the antidumping duty order on certain carbon steel butt-weld pipe fittings from China. For the following reasons, the Court granted the Government’s motion for a voluntary remand.

“EAPA investigations are governed by 19 U.S.C. § 1517, which directs Customs to initiate an investigation within fifteen business days of receipt of an allegation that ‘reasonably suggests that covered merchandise has been entered into the Customs territory of the United States through evasion.’” Id. at 3. The Court noted that 19 U.S.C. § 1517 requires Customs to consider the accurate and complete record in its determinations. Id. at 9-10. In this case, “Defendant contends that its request for remand is substantial and legitimate because it “recently learned” that certain documents collected during the investigation were not provided to the Parties during the investigation or included as part of the record that Customs received for consideration during the administrative review.” Id. at 6-7. As such the Court determined that because “remand will result not only in correcting the record but a reconsideration by Customs of the allegations of evasion ‘anew’ based on the complete record, the Court declines to opine at this point on the ‘other issues raised’ in Plaintiffs’ briefs[.]” Id. at 10. As such the case was remanded to Customs to complete the record and to reconsider the evasion issues anew.