Importer Supports Commerce Remand Redetermination, Asks for Liquidation
Pipe importers supported CBP's final redetermination on remand that imported Chinese-origin “rough” carbon steel butt-weld pipe fittings, which only undergo the first stage of processing in China, aren't covered by the antidumping duty order on the finished products. They asked for their suspended entries to be liquidated (Norca Industrial Co. v. United States, CIT Consol. # 21-00192).
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The redetermination reversed an Enforce and Protect Act finding that the importers, Norca and International Piping and Procurement Group, had attempted to evade the AD order. CBP sought the remand voluntarily because it discovered it had not included important information on the record (see 2203110074). It also decided during the remand that it needed Commerce to reconsider if the importers’ merchandise was actually covered under the AD order (see 2401240035).
However, CBP said it would not liquidate Norca’s and International Piping’s entries, held during the inquiry, until “all appeals and remand proceedings” were complete.
“Respectfully, there will be no appeal here,” the importers said. Norca and IPPG succeeded in their challenge to the original evasion determination. The United States, moreover, did not make its finding of no evasion under protest. And Allied, the instigator of this matter, long ago abandoned any participation at the Court or before CBP, thus waiving any right to appeal.”