Importer Says Recent CIT Decision on Subassemblies Provision Relevant for Scope Case
Importer Wabtec told the Court of International Trade that a recent CIT decision calls into question the Commerce Department's practice of covering upstream components of goods actually imported or sold in the U.S. in antidumping cases. Filing a notice of supplemental authority on June 27, Wabtec said that while CIT Judge Timothy Stanceu didn't affirmatively resolve this question, his discussion is "highly relevant to the matter here" (Wabtec Corporation v. U.S., CIT #s 23-00160, -00161).
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In his recent decision, Stanceu took issue with Commerce's "subassemblies provision" in its antidumping duty and countervailing duty orders on aluminum extrusions from China (see 2506260017). Specifically, Stanceu suggested that this provision may violate the Tariff Act, since it allows for duties to be imposed against upstream products that aren't sold or imported in the U.S., which is a specific requirement of the Trade Act.
In Wabtec's case, the company is contesting Commerce's scope decision on freight rail couplers, arguing that the agency can't impose duties on couplers, "the upstream component," that are "incorporated into downstream products that are in turn imported into the United States." Wabtec said Stanceu's decision is highly relevant for its case.