CIT Denies Bid for Reconsideration of Stay Motion in Pipe Fittings EAPA Case
The Court of International Trade on Feb. 24 denied plaintiff Norca Industrial's motion to reconsider the trade court's order staying proceedings of an Enforce and Protect Act case pending resolution of a covered merchandise referral to the Commerce Department. Judge Jennifer Choe-Groves denied the order after holding a status conference the same day (Norca Industrial Co. v. United States, CIT # 21-00192).
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In the EAPA investigation, CBP found Norca evaded antidumping duties on carbon steel butt-weld pipe fittings from China by transshipping them through Vietnam. CBP asked for a stay of proceedings to issue a covered merchandise referral. Norca opposed the stay. After almost three years, CBP "now concedes that its determination was baseless," the company said. As a result, the trade court should deny the stay motion and simply enter judgment in the plaintiffs' favor, Norca said.
Choe-Groves in August permitted the stay. Commerce finding the subject merchandise is not within the scope of the AD order would "resolve this matter without further litigation, which would be in Plaintiffs’ interest," the judge said. Norca last month filed for reconsideration, arguing Commerce is looking to answer a question that is "neither material nor relevant to the underlying EAPA investigation" and is extending the covered merchandise inquiry into a circumvention proceeding. Choe-Groves denied the reconsideration motion without explanation.