This morning, the Federal Circuit released a precedential opinion in a trade case holding that a failure to provide access to redacted information was a violation of due process. Late yesterday and this morning, the court also released four nonprecedential orders, one granting a motion to voluntarily dismiss a cross-appeal, one dismissing an appeal as untimely, and two dismissing appeals. Here is the introduction to the opinion, text from the grant of the motion to voluntarily dismiss and the dismissal for untimeliness, and links to the other dismissals.

Royal Brush Manufacturing, Inc. v. United States (Precedential)

Royal Brush Manufacturing Inc. (“Royal Brush”), an importer of pencils, was accused of transshipping pencils from China through the Philippines to avoid antidumping duties assessed on pencils of Chinese origin. Customs and Border Patrol (“CBP”) found that the pencils had been transshipped. It based this finding in part on evidence that had not been supplied to Royal Brush because it was confidential business information. Royal Brush was also denied the opportunity to rebut this evidence.

We hold that we have jurisdiction and that the failure to provide access to the redacted information was a violation of due process. Under the applicable CBP regulation, Royal Brush must be given an opportunity to rebut this information with its own evidence.

MG Freesites Ltd. v. Scorpcast, LLC (Nonprecedential Order)

Upon consideration of Scorpcast, LLC’s unopposed motion to voluntarily dismiss its cross-appeal, Appeal No. 2022-2289, pursuant to Federal Rule of Appellate Procedure 42(b),

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(1) The motion is granted. Appeal No. 2022-2289 is dismissed. The revised official caption for the remaining appeals is reflected in this order.

(2) Each party shall bear its own costs (for Appeal No. 2022-2289).

(3) Within 30 days of the date of filing of this order, the parties are directed to file corrected briefs in the remaining appeals omitting all arguments related to Appeal No. 2022- 2289.

Garcia v. McDonough (Nonprecedential Order)

In response to this court’s May 9, 2023, show cause order, the Secretary of Veterans Affairs urges dismissal of this appeal as untimely. Delia Garcia responds, requesting “an opportunity [to] lay out [her] entire case.” ECF No. 9 at 3.

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(1) The appeal is dismissed.

(2) Each side shall bear its own costs.