China Rectangular Pipe: Acme Black and Perforated Square Tubes Covered by AD/CV Duties

Black and perforated square tubes imported by Acme Manufacturing are subject to antidumping and countervailing duties on light-walled rectangular pipe and tube from China (A-570-914/C-570-915), the Commerce Department said in a recent scope ruling. Acme had argued the tubes are not subject to duties because they are square and perforated, come in shorter lengths of three, four and six feet, and are intended for use by “homeowners, do-it-yourselfers, hobbyists, handyman service providers, and other customers.” Commerce disagreed, finding Acme’s black and perforated square tubes meet all of the physical characteristics listed in the scope and finding no exemption language in the scope that could apply to Acme’s tubes. The scope does not say that black or perforated tubes are exempt, Commerce said. Nor is the scope limited by end-use provisions that exempt tubes used by homeowners and do-it-yourselfers, it said.