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CIT Upholds Redo of Scope Ruling Finding Masonry Anchors Aren't Covered by Nails AD Duties

The Court of International Trade on May 14 sustained a Commerce Department scope ruling finding m masonry anchors imported by OMG are not covered by antidumping duties on steel nails from Vietnam. Commerce had initially found the anchors subject to duties but, in response to a May 2018 CIT decision that found masonry anchors are not nails (see 1805290053­), reversed its stance, albeit “under respectful protest.” “OMG’s zinc anchor is simply not a nail ‘constructed of two or more pieces’ because … it does not function like a nail and because record evidence demonstrates that anchors like OMG’s are considered a separate type of product from nails by the relevant industry,” CIT said as it sustained the re-determined scope ruling.

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(OMG, Inc. v. U.S., Slip Op. 19-58, CIT # 17-00036, dated 05/14/19, Judge Katzmann)