Commerce Publishes Quarterly List of AD/CVD Scope and Circumvention Rulings
The Commerce Department on Dec. 7 released its quarterly list of (i) completed antidumping and countervailing duty scope rulings and (ii) anti-circumvention determinations. The following list covers completed scope rulings for the period July 1, 2021, through Sept. 30, 2021:
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
Scope Rulings
A-533-885 and C-533-886: Polyester Textured Yarn from India
Requestor: AYM Syntex Ltd. Flat bulk continuous filament (BCF) yarn produced from polybutylene terephthalate (PBT) is outside the scope of the antidumping duty (AD) and countervailing duty (CVD) orders on polyester textured yarn from India based on the plain language of the scope, which states that subject merchandise consists of “synthetic multifilament yarn” that is manufactured from polyester (polyethylene terephthalate); Sept. 15, 2021 (see 2109200045).
A-570-067 and C-570-068: Forged Steel Fittings from China
Requestor: Midwest Diversified Technologies, Inc. Fifteen self-drilling anchor bolt systems couplers are not covered by the scope of the AD and CVD orders on forged steel fittings from China because they are not designed to connect pipes and cannot convey fluid at high pressure; July 1, 2021 (see 2107090058).
A-570-090 and C-570-091: Certain Steel Wheels 12 to 16.5 Inches in Diameter from China
Requestor: Rimco, Inc. Rimco’s passenger vehicle wheel model number X45477 is outside the scope of the AD and CVD orders because it is physically distinguishable from subject steel wheels based on: 1) a different hub bore size; 2) a different offset measurement; and 3) a lower load rating; July 9, 2021 (see 2107150039).
A-570-084 and C-570-085: Quartz Surface Products from China
Requestor: SMA Surfaces, Inc. SMA Surfaces’ crushed glass products are covered by the scope of the AD and CVD orders on quartz surface products from China because they do not meet the language of the crushed glass scope exclusion; July 15, 2021 (see 2107190057).
A-570-831: Garlic from China
Requestor: Trinity Distribution Inc. (Trinity). Based on our analysis of Trinity’s Request, and in accordance with 19 CFR 351.225(d) and 351.225(k)(1), we determined that Trinity’s individually quick frozen (IQF) garlic cloves from China are within the scope of the AD order; July 21, 2021 (see 2107290024).
A-570-909: Certain Steel Nails from China
Requestor: Fastenal Company Purchasing. Fastenal’s zinc and nylon masonry anchors, which consist of a zinc, steel, or nylon body component and a steel pin component, are outside the scope of the AD order. Consistent with the U.S. Court of Appeals for the Federal Circuit’s reasoning in OMG, Inc. v. United States, we find that Fastenal’s masonry anchors are unitary articles of commerce, and that they are not nails because they require pre-drilled holes for installation. This is a revision, based on litigation, to our previous scope ruling. July 22, 2021.
A-570-909: Certain Steel Nails from China
Requestor: Midwest Fastener Corp. (Midwest). Midwest’s strike pin anchors, which consist of four components – a steel pin, a threaded body, a nut, and a flat washer – are outside the scope of the AD order. Consistent with the U.S. Court of Appeals for the Federal Circuit’s reasoning in OMG, Inc. v. United States, we find that Midwest’s anchors are unitary articles of commerce, and that they are not nails because they require pre-drilled holes for installation. This is a revision, based on litigation, to our previous scope ruling. July 23, 2021.
A-570-831: Garlic from China
Requestor: Trinity Distribution Inc. (Trinity). In accordance with 19 CFR 351.225(d) and 351.225(k)(1), we determined that Trinity’s individually quick frozen (IQF) 1/8-inch diced garlic and IQF garlic puree, are not within the scope of the AD order; July 22, 2021 (see 2107290024).
A-570-952 and C-570-953: Narrow Woven Ribbons with Woven Selvedge from China
Requestor: D&F Consolidated, Inc., DBA Car-Mel Products Inc. Three label tapes are covered by the scope of the AD and CVD orders on narrow woven ribbon with woven selvedge from China because they meet the physical specifications outlined by the scope and do not qualify for an exclusion; July 27, 2021 (see 2107290013).
A-570-909: Certain Steel Nails from China
Requestor: Simpson Strong-Tie Company (Simpson). Simpson’s split-drive masonry anchors are outside the scope of the AD order. Consistent with the U.S. Court of Appeals for the Federal Circuit’s reasoning in OMG, Inc. v. United States, we find that Simpson’s masonry anchors are not nails because the anchors require pre-drilled holes for installation. This is a revision, based on litigation, to our previous scope ruling. Aug. 11, 2021.
A-570-909: Certain Steel Nails from China
Requestor: Simpson Strong-Tie Company (Simpson). Simpson’s crimp drive anchors are outside the scope of the AD order. Consistent with the U.S. Court of Appeals for the Federal Circuit’s reasoning in OMG, Inc. v. United States, we find that Simpson’s masonry anchors are not nails because the anchors require pre-drilled holes for installation. This is a revision, based on litigation, to our previous scope ruling. Aug. 11, 2021.
A-570-073 and C-570-074: Common Alloy Aluminum Sheet from China
Requestor: Sunbeam Products Inc. Stamped circular disc blanks are not covered by the scope of the AD and CVD orders on common alloy aluminum sheet from China because stamped circular disc blanks are stamped or punched from aluminum sheet in China, are in non-rectangular shapes and are no longer in coils or cut-to-length sheets when exported from China, and the punching of these stamped circular disc blanks has the functional purpose of preparing the discs to be pressed into circular vessels such as pots and pans; Aug. 20, 2021 (see 2108260022).
A-570-108 and C-570-109: Ceramic Tile from China
Requestor: Maryland Mosaics, LLC. Decorative ceramic tile mosaic pieces in heart, star, circle, and petal shapes are covered by the scope of the AD and CVD orders on ceramic tile from China because they are tiles made from porcelain and fall within the tile sizes covered by the scope; Aug. 31, 2021 (see 2109070064).
A-570-117 and C-570-118: Wood Mouldings and Millwork Products from China
Requestor: Greenbrier International, Inc. and Family Dollar Services, LLC. Craft dowels are covered by the scope of the AD and CVD orders on wood mouldings and millwork products from China because they are dowels made of wood and continuously shaped; Sept. 7, 2021 (see 2109080057).