Fedmet Res. Corp. v. United States, No. 13-1539 (Fed. Cir. 2014)
Annotate this CaseResco filed a petition with the Department of Commerce requesting initiation of antidumping and countervailing duty investigations on imports of certain magnesia carbon bricks (MCBs) from China and Mexico. MCBs are a type of refractory brick used to line ladles and furnaces used in steelmaking and steel handling processes. Resco’s petition proposed that the scope of the investigations be limited to certain types of MCBs, distinguishing MCBs from other types of refractory bricks and stating that the different types of bricks are not generally substitutable, due to varying chemical and physical properties and wear characteristics. Commerce studied the proposed scope of the investigation and published notices of initiation of antidumping and countervailing duty investigations and its final determinations, using almost all of the language proposed by Resco to define the scope of the investigations: Fedmet is a domestic importer of refractory bricks and other products used in the steelmaking industry. Fedmet was not a party to the antidumping and countervailing duty investigations Fedmet requested a scope ruling that its Bastion® line of magnesia carbon alumina bricks was outside the scope of the outstanding antidumping and countervailing duty orders on MCBs from China and Mexico. Commerce and the Trade Court rejected Fedmet’s arguments. The Federal Circuit reversed, finding Fedmet’s bricks outside the scope of the order.
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