CIT Again Finds Masonry Anchors Aren't Nails, Not Covered by Steel Nails AD Duties
Zinc and nylon masonry anchors imported by Simpson Strong-Tie are not covered by antidumping duties on steel nails from China, the Court of International Trade said in a Sept. 21 decision. As it recently did in a separate case involving anchors Commerce had ruled were subject to AD duties on nails from Vietnam (see 1805290053), CIT held that anchors are not commonly considered to be nails, and the inclusion of a nail inside the masonry anchor is irrelevant because the entire anchor should be considered a unitary article of commerce. Unlike nails, which are inserted by impact, masonry anchors are secured by way of a mechanical wedging effect caused by the expansion of the anchor, CIT said. Commerce had in a March 2017 scope ruling found Simpson’s masonry anchors covered by the AD duty order (see 1703280025). That scope ruling was one of several now in question wherein Commerce found masonry anchors are nails (see 1706200062, 1712190067 and 1804030044).
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(Simpson Strong-Tie Co. v. U.S., Slip Op. 18-123, CIT # 17-00057, dated 09/21/18, Judge Katzmann)