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CAFC Affirms CIT Ruling That Rebar Stakes Are Within Scope of AD Order

The Court of International Trade's ruling that steel rebar stakes fall within the scope of a Commerce Department antidumping duty order was correct, the U.S. Court of Appeals for the Federal Circuit said in a July 2 decision. CIT last year said that the stakes, which are used for holding up grape vines and other plants, are subject to antidumping duties on steel concrete reinforcing bar from China (see 1803130031). Quiedan Company filed the underlying lawsuit with the assertion that the AD order doesn't apply because one side of the stakes is sharpened to a point and the AD order specifies rebar sold in straight lengths. CAFC, like CIT and the Commerce Department, disagreed. "We see no substantive or procedural error in that ruling or in Commerce’s continuation of a suspension of liquidation for Quiedan’s stakes," CAFC said. "Because the Court of International Trade drew the same conclusions, we affirm."

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(Quiedan Co. v. U.S., #18-1962, dated 07/02/19, Judges Reyna, Wallach and Taranto)