CIT Affirms AD Scope Ruling for China Nails Imported in Kits on ITA's Second Try

The Court of International Trade affirmed the International Trade Administration’s second remand redetermination of a scope determination for certain steel nails from China (A-570-909), and dismissed the case in its entirety. The original determination had excluded nails imported in home tool kits from the scope of the AD order. In response to a challenge by Mid Continent Nail Corporation, CIT had remanded the ITA’s determination in May 2011, finding that the ITA has applied contradictory approaches in cases where merchandise covered by AD orders is imported in kits with non-covered items. CIT then found fault with the results of the ITA’s first remand redetermination in March, saying that "[t]he nails in question …are unambiguously subject to the Final order,” and remanded again. In this affirmed second remand, the ITA found the nails to be in scope, but did not address application of a uniform test to products imported in kits. The ITA's remand redetermination is available here.