CIT Upholds Application of AD Evasion Finding to Start of Investigation, Not Start of Scope Ruling
The Court of International Trade on Sept. 25 sustained CBP's finding that Blue Pipe Steel Center evaded the antidumping duty order on circular welded carbon steel pipes and tubes from Thailand. While Blue Pipe consented to the application of the…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
evasion determination to its goods after the U.S. Court of Appeals for the Federal Circuit upheld the Commerce Department's scope ruling including its dual-stenciled pipe in the order, the company said the determination should run from the start of the scope inquiry and not the start of the evasion investigation. Judge Timothy Reif rejected this request, finding that the Enforce and Protect Act's lack of a "reasonable notice" requirement and the fact that the AD order had no clear exclusions warrants applying the evasion determination to the start of the investigation.