US Fights Motion to Compel Confidential EAPA Record at Trade Court
The consent of a foreign manufacturer does not overcome the Privacy Act of 1974's ban on disclosure of the confidential Enforce and Protect Act record, the U.S. said in response to importer Richmond International Forest Products' motion to compel. Richmond's motion does not qualify for disclosure since the company is requesting the entire confidential EAPA record, which has data submitted by parties other than the consenting foreign manufacturer, LB Wood, the government said (Richmond International Forest Products Inc. v. U.S., CIT # 21-00318).
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Although the court can order disclosure, the U.S. said "this Court has previously disallowed disclosure when plaintiff had not exercised all available avenues to obtain consent from the required party."
The case stems from the EAPA investigation in which CBP said Richmond was evading the antidumping and countervailing duties on hardwood plywood from China via Cambodia. The importer took to the trade court, filing a motion to compel the U.S. to provide the whole confidential EAPA record on the grounds that L.B. Wood, the Cambodian manufacturer, consented to the motion (see 2302010030).