Mexico Circular Welded Pipe: Unstenciled Mechanical Tubes Not Subject to AD Duties, CIT Affirms

The Court of International Trade on Feb. 9 sustained a court-ordered redetermination by the Commerce Department that found unstenciled ASTM A-513 mechanical tubing imported by Maquilacero exempt from antidumping duties on circular welded non-alloy steel pipe from Mexico (A-201-805). Commerce had issued the scope ruling in 2015, finding stenciling is a requirement for the mechanical tubing exemption from the AD duty order (see 1508120023). But the Federal Circuit in 2017 overturned it, holding “the imposition of a requirement (i.e., stenciling) having nothing to do with the physical characteristics of mechanical tubing” was unreasonable, given that it “does not change the inherent quality or the intended use of the product.” Commerce will instruct CBP to set the cash deposit rate to zero for entries of the 46 models of pipe from Maquilacero, and will end suspension of liquidation and liquidate all unliquidated entries at zero percent if CIT’s Feb. 9 ruling is not appealed, it said in a subsequent notice.