Commerce Resubmits Remand Results Excluding Certain Iron Flanges From AD Order
The Commerce Department on Dec. 19 filed a pair of remand redeterminations at the Court of International Trade that exclude ductile iron flanges imported by MCC Holdings, doing business as Crane Resistoflex, and Star Pipe Products from the antidumping duty order on cast iron pipe fittings from China. The trade court previously said the remand results were not issued in a form that the court could sustain. On remand, the agency clarified that it doesn't intend to issue a scope ruling after the court's review of the case, declaring that if the court affirms the remand, a Federal Register notice will be released stating that Crane's and Star Pipe's flanges are outside the scope of the order (MCC Holdings dba Crane Resistoflex v. U.S., CIT # 18-00248) (Star Pipe Products v. United States, CIT # 17-00236).
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The cases concern ductile iron flanges from China imported by Star Pipe and Crane Resistoflex. Commerce found that the imported flanges were within the scope of the underlying AD order. Both companies filed requests for scope rulings, Star Pipe in 2017 and Crane in 2018, seeking to exclude their ductile iron flanges from the scope of the AD order. Commerce ruled that five models of Crane's flanges fell within the scope of the order, citing brochures from the petitioner, along with the petition itself. The court was unconvinced and remanded the matter to Commerce. On the second remand, Commerce excluded Crane's flanges from the AD order in December 2021 (see 2112210036).
The redetermination addressed CIT Judge Timothy Stanceu's November order, which found Commerce's preliminary order unsatisfactory since it was not an actual agency decision and would have resulted in Commerce issuing its final ruling outside of the Court’s direct review (see 2211210025). Commerce said it revised the final results of the redetermination "in a manner that more clearly defines [its] intentions" and that the agency does not intend to issue a scope ruling or other determination after the court’s review of this redetermination.
The redetermination is subject to the Court’s review, the remand results said. "If the Court affirms this redetermination, a Federal Register notice will be published stating that ... Star Pipe’s flanges are outside the scope of the Order" and CBP will be instructed to carry out the court's ruling.