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CAFC Issues Mandate After Denying Rehearing Bid in AD Scope Case

The U.S. Court of Appeals for the Federal Circuit on May 30 issued its mandate in an antidumping duty scope case from importers Smith-Cooper International and Sigma after denying a petition for panel rehearing and rehearing en banc. The importers…

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petitioned for a rehearing of the court's March decision finding the term "butt-weld" to be ambiguous and that the Commerce Department was right to find steel branch outlets to be covered by an AD order on butt-weld pipe fittings from China (see 2503060073). Judge Timothy Dyk dissented in that three-judge decision, finding that the agency erred by refusing to properly consider the regular industry definition of the term (Vandewater International v. United States, Fed. Cir. #s 23-1093, -1141).