Ta Chen Stainless Steel Pipe Co. v. United States, No. 05-00094 (Ct. Int'l Trade 2008)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on May 30, 2007.
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Slip Op. 08 - 131 J U D G M E N T UNITED STATES COURT OF INTERNATIONAL TRADE Thomas J. Aquilino, Jr., Senior Judge - - - - - - - - - - - - - - - - - - - - x TA CHEN STAINLESS STEEL PIPE CO., LTD., : Plaintiff, v. : : UNITED STATES, Defendant, -and- : Consolidated Court No. 05-00094 : : ALLOY PIPING PRODUCTS, INC. et al., : Intervenor-Defendants. : - - - - - - - - - - - - - - - - - - - - x This matter having consolidated complaints filed on behalf of the plaintiff foreign manufacturer and exporter and of the intervenor-defendant members of the domestic U.S. industry, each contesting aspects of Certain Stainless Steel Butt-Weld Pipe Fittings From Taiwan: Final Results and Final Rescission in Part of Administrative Antidumping Duty Review published by the International Trade Administration, U.S. Department of Commerce ( ITA ) at 70 Fed.Reg. 1,870 (Jan. 11, 2005); and each side having interposed a motion for judgment on the agency record developed in connection therewith; and the court in slip opinion 07-87, 31 CIT (May 30, 2007), having denied plaintiff s motion and having Court No. 05-00094 Page 2 granted intervenor-defendants motion to the extent of remand to the ITA to complete its analysis of some 18 named entities alleged to be affiliated with the plaintiff within the meaning of 19 U.S.C. ยง1677(33)(A)-(E); and the defendant having filed its Final Results of Redetermination Pursuant to Court Remand (Oct. 1, 2007), which set forth in detail the analysis ordered that concludes that one of the named entities is affiliated with the plaintiff pursuant to section 1677(33)(E) but that none of the others is so affiliated within the meaning of the statute and also that the antidumpingduty margin for the plaintiff remains unchanged; and the parties having been afforded the opportunity to comment on those Final Results both prior to publication by the ITA and now before the court, which, after review thereof and due deliberation, has come to ORDER, ADJUDGE and DECREE that defendant s Final Results of Redetermination Pursuant to Court Remand (Oct. 1, 2007) be, and they hereby are, affirmed; and it is further ORDERED, ADJUDGED and DECREED that plaintiff s complaint be, and it hereby is, dismissed; and it is further ORDERED, ADJUDGED and DECREED that intervenor-defendants complaint, save the limited relief granted in the court s slip Court No. 05-00094 opinion 07-07, 31 CIT Page 3 (May 30, 2007), be, and it hereby is, dismissed. Dated: New York, New York December 1, 2008 /s/ Thomas J. Aquilino, Jr. Senior Judge
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