CIT Issues Another Decision Against Steel Nails Duties for Masonry Anchors

The Court of International Trade on Oct. 1 issued yet another decision faulting the Commerce Department’s inclusion of masonry anchors under antidumping and countervailing duty orders on steel nails from several countries. As it did in two other recent decisions (see 1805290053 and 1809240016), the court held that, regardless of a nail-like steel pin component, Midwest Fastener’s zinc and nylon anchors are unitary articles of commerce that together do not function like nails and are not understood commercially to be nails. Midwest Fastener is challenging a scope ruling issued by Commerce in 2017 that found its zinc and nylon masonry anchors subject to AD/CV duties on steel nails from Vietnam. CIT ordered Commerce to file its redetermination within 90 days.