US Drops 1 Appeal of Scope Case on Magnesia Carbon Bricks, Keeps Separate Appeal Alive
The U.S. voluntarily dismissed one of its appeals concerning a scope proceeding on magnesia carbon bricks (MCBs) from China, though the dismissal doesn't affect the government's related appeal on the same proceeding (Fedmet Resources v. United States, Fed. Cir. #'s 26-1160, 26-1245).
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At issue in the appeal is a scope ruling in which the Commerce Department initially said 11 of importer Fedmet Resources' brick types fit under the scope of the AD/CVD orders on MCBs from China. However, CIT Judge M. Miller Baker remanded the scope ruling on the grounds that the agency ignored the U.S. Court of Appeals for the Federal Circuit's ruling in an earlier case also titled Fedmet Resources v. U.S. (Fedmet I), which purportedly established the standard that the addition of any alumina to an MCB excludes it from the orders (see 2412130061).
Baker said Commerce's scope ruling, in which the agency said MCBs with an alumina content above 5% are magnesia alumina carbon bricks (MAC bricks), doesn't align with the CAFC ruling. On remand, Commerce said since seven of Fedmet's bricks have a non-zero alumina content, they aren't subject to the orders, and the trade court affirmed the decision (see 2503130022).
Both the U.S. and the petitioner, the Magnesia Carbon Bricks Fair Trade Committee, filed separate appeals of the case to the Federal Circuit. In its Dec. 29 voluntary dismissal, the government dismissed its appeal but kept the petitioner's appeal open.