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![handle is hein.usfed/cusbul0195 and id is 1 raw text is:
U.S. Court of International Trade
Slip Op. 22-154
ALUMINUM EXTRUSIONS FAIR TRADE COMMITTEE, Plaintiff, v. UNITED
STATES, Defendant, and KINGTOM ALUMINIO S.R.L., Defendant-
Intervenor.
Before: Richard K. Eaton, Judge
Court No. 22-00236
[Plaintiff's motion for a preliminary injunction is granted.]
Dated: December 22, 2022
Robert E. DeFrancesco, III, Wiley Rein LLP, of Washington, D.C., for Plaintiff
Aluminum Extrusions Fair Trade Committee. With him on the brief were Elizabeth S.
Lee and Claire M. Webster.
Brady W. Mills, Morris, Manning & Martin LLP, of Washington, D.C., for
Defendant-Intervenor Kingtom Aluminio S.R.L. With him on the brief were Donald B.
Cameron, Julie C. Mendoza, R. Will Planert, Mary S. Hodgins, Eugene Degnan, Ed-
ward J. Thomas, III, Jordan L. Fleischer, and Nicholas C. Duffey.
MEMORANDUM OPINION AND ORDER
Eaton, Judge:
Plaintiff Aluminum Extrusions Fair Trade Committee (Plaintiff),
a coalition of domestic aluminum extrusion producers, commenced
this action pursuant to the Enforce and Protect Act (EAPA).1 See
Compl. 11 1, 3, ECF No. 5. Plaintiff challenges U.S. Customs and
Border Protection's (Customs) determination that substantial re-
cord evidence does not support a finding that Defendant-Intervenor
Kingtom Aluminio S.R.L. (Kingtom)2 imported Chinese-origin alu-
minum extrusions into the United States through evasion. See Notice
of Final Determination as to Evasion, EAPA Case No. 7550 (June 29,
2022), PR 81, ECF No. 21 (Final Evasion Determination).
Before the court is Plaintiffs partial consent Motion for Preliminary
Injunction (Motion). See Mot. for Prelim. Injunction, ECF No. 8. By
its Motion, Plaintiff seeks an order enjoining Customs from causing
The EAPA was enacted as part of the Trade Facilitation and Trade Enforcement Act of
2015, Pub. L. No. 114-125, § 421, 130 Stat. 122, 161 (2016), which added section 517 to the
Tariff Act of 1930. The EAPA is codified at 19 U.S.C. § 1517. All references to the U.S. Code
are to the 2018 edition unless otherwise specified.
2 Kingtom is a manufacturer and exporter of aluminum extrusions in the Dominican
Republic. The company began acting as the importer of record for its shipments to the
United States in late 2019. See Notice of Initial Determination as to Evasion, EAPA Case
No. 7550 (Feb. 4, 2022) at 5, PR 69, ECF No. 21 (Initial Evasion Determination).
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