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U.S. Court Sends Nucor Antidumping Case Back to Trade Commission
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2011-10-30
The U.S. Court of International Trade sent the Nucor Fastener antidumping case back to the International Trade Commission.
The September 20, 2011, CIT opinion remanded the ITC's 2010 unanimous decision to dismiss Nucor's petition seeking tariffs on fasteners from China and Taiwan.
The ITC is due to respond by December 7, 2011. If the ITC again rules against Nucor, the Indiana-based fastener manufacturer can continue to appeal even to the U.S. Supreme Court.
In a 31-page ruling, CIT Judge Evan J. Wallach remanded the case for a redetermination on two "holdings": first, that the ITC improperly treated its import data as "comprehensive"; and that the ITC failed to identify a "rational basis” for unqualified reliance on (unnamed domestic producer's) questionnaire response. In processing the remand, the ITC has decided to keep the record closed, meaning no new evidence will be admitted. Attorneys will be permitted to submit comments on the judge's opinion.
If the ITC's determination on the remand remains negative — that is, if the commission determines imports have caused no injury to the domestic fastener industry — the outcome "strengthens the likelihood" that the case will ultimately conclude in the importers' favor, Matthew McGrath – attorney for importers – told GlobalFastenerNews.com. If that occurs, Nucor Fastener could continue to pursue appeals, first at the Court of Appeals for the Federal Circuit, and ultimately at the U.S. Supreme Court. "It may be Nucor's strategy to keep the case alive to keep some sort of uncertainty in the marketplace," McGrath speculated.
In its petitions, filed in September 2009, Nucor Fastener alleged average dumping margins of 145% for Chinese imports, and 74% for imports from Taiwan.
The September 20, 2011, CIT opinion remanded the ITC's 2010 unanimous decision to dismiss Nucor's petition seeking tariffs on fasteners from China and Taiwan.
The ITC is due to respond by December 7, 2011. If the ITC again rules against Nucor, the Indiana-based fastener manufacturer can continue to appeal even to the U.S. Supreme Court.
In a 31-page ruling, CIT Judge Evan J. Wallach remanded the case for a redetermination on two "holdings": first, that the ITC improperly treated its import data as "comprehensive"; and that the ITC failed to identify a "rational basis” for unqualified reliance on (unnamed domestic producer's) questionnaire response. In processing the remand, the ITC has decided to keep the record closed, meaning no new evidence will be admitted. Attorneys will be permitted to submit comments on the judge's opinion.
If the ITC's determination on the remand remains negative — that is, if the commission determines imports have caused no injury to the domestic fastener industry — the outcome "strengthens the likelihood" that the case will ultimately conclude in the importers' favor, Matthew McGrath – attorney for importers – told GlobalFastenerNews.com. If that occurs, Nucor Fastener could continue to pursue appeals, first at the Court of Appeals for the Federal Circuit, and ultimately at the U.S. Supreme Court. "It may be Nucor's strategy to keep the case alive to keep some sort of uncertainty in the marketplace," McGrath speculated.
In its petitions, filed in September 2009, Nucor Fastener alleged average dumping margins of 145% for Chinese imports, and 74% for imports from Taiwan.
