King Supply Co., LLC v. United States, No. 11-1252 (Fed. Cir. 2012)Annotate this Case
Domestic producers submitted an antidumping investigation petition to the Department of Commerce and the International Trade Commission concerning imports of butt-weld pipe fittings from China and Thailand. Butt-weld fittings are forged steel products used to join pipe where conditions require permanent, welded connections. The petition identified products by inside diameter and compliance with certain ASTM and ANSI industry standards. Commerce issued a final determination that the products were being dumped. The ITC concluded that the domestic industry was materially injured by the dumped imports. The final anti-dumping duty order referred to fittings used to "join sections in piping systems." In 2009, King requested a scope ruling that butt-weld pipe fittings it imported from China were outside the scope of the order; its imported fittings are physically identical to those subject to the order, but were used "for structural use in applications such as handrails, fencing, and guardrails." Commerce concluded that the imports were within the scope of the order. The Trade Court concluded that the order was restricted to fittings used in piping systems. The Federal Circuit reversed, holding that the Trade Court gave inadequate deference to Commerce's scope ruling that the order did not contain such an end-use restriction.