CIT Updates Ruling on Strike Pin Anchors to Mirror Appeal Decision
The Court of International Trade on Jan. 21 ruled that Midwest Fastener's strike pin anchors are not nails, and are not subject to antidumping duties on steel nails from China. After a series of decisions wherein CIT told Commerce to…
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reconsider its scope ruling that the strike pin anchors are subject to AD duties, the trade court ruled that an Aug. 28 U.S. Court of Appeals for the Federal Circuit decision in a related case answers the question of scope coverage definitively, holding masonry anchors from OMG aren't nails and can't be covered by an identical AD duty order on steel nails from Vietnam (see 2008280039). In light of that definitive decision, CIT departed from its earlier decisions that held the scope's coverage of masonry anchors ambiguous, and directed Commerce to perform a more thorough analysis. “Commerce should now make its determination in accordance with the Court of Appeals’” holding, CIT said, giving the agency 60 days to submit its remand redetermination.