CIT Sends Back AD Review Over Denied Ministerial Comments, Upholds Scope Ruling in 2 Opinions
The Court of International Trade in a Jan. 18 opinion sent back the Commerce Department's final results in an antidumping review on heavy walled rectangular welded carbon steel pipes and tubes from Mexico. Judge Jennifer Choe-Groves said comments from petitioner Nucor Tubular Products on ministerial errors present in the rate calculations for respondents Maquilacero and Prolamsa were improperly denied as untimely. The comments qualify for an exception to the rule that the notes be timely filed because the errors arose after the review's final results, the judge said.
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In an unrelated opinion also issued on Jan. 18, the trade court upheld Commerce's scope ruling that found window wall system kits are outside the scope of antidumping and countervailing duty orders on aluminum extrusions from China because they are a "finished goods kit." Judge Stephen Vaden said the scope ruling is consistent with prior scope rulings and said Commerce properly supported its finding that the window wall system kits are finished good kits.