Scaffolding Tubes Importer Loses at CAFC on Scope of China Pipe AD Order

An importer of Chinese high-strength galvanized finished steel tubing used in scaffolding appealed a decision by the Court of International Trade that upheld the inclusion of its products within the scope of the AD and CVD orders on circular welded carbon quality steel pipe from China. The importer, Constantine N. Polites & Co., had cited an exclusion for “finished scaffolding” in the AD and CV duty orders and claimed its merchandise was finished scaffolding. Following two CIT remands, the International Trade Administration provided evidence to show there were actual imports from China of “finished scaffolding” in kits, and that Polite’s merchandise was not of that type, i.e., was not “finished” and was covered by the orders.