CIT Says Magnesia Alumina Carbon Bricks Included in Scope of Magnesia Carbon Bricks AD/CVD Order

The Court of International Trade upheld a Commerce Department ruling that found magnesia alumina carbon bricks to be within the scope of the antidumping and countervailing duty orders on magnesia carbon bricks (A-570-954 / C-570-955). CIT agreed with Commerce that the magnesia alumina carbon bricks (MACBs) meet the scope’s plain language and are interchangeable with in-scope magnesia carbon bricks (MCBs). CIT also said Commerce acted reasonably in using 19 CFR 351.225(k)(2) factors to determine whether MACBs were covered under the scope, since (k)(1) evidence was ambiguous. Fedmet Resources Corporation, the steel and high temperature product company that appealed Commerce’s scope ruling, argued the final scope evidence was insufficient. Fedmet also said the steel industry considers MACBs distinct products from MCBs. CIT, however, said the characteristics MACBs exhibit due to spinel -- a mineral created when the bricks are heated which improves brick performance -- are the same as characteristics of in-scope MCBs that set it apart from other refractory products. Commerce also correctly interpreted the manner of MACB advertisements and the ultimate use of low-alumina MACBs in its scope ruling, CIT said.