United Steel & Fasteners, Inc. v. United States, No. 17-2168 (Fed. Cir. 2020)
Annotate this CaseIn 1993, the Department of Commerce determined that imports of certain lock washers from China were being sold at less than fair value and issued an antidumping duty order covering washers classifiable under subheading the Harmonized Tariff Schedule of the United States (HTSUS) subheading 7318.21.0000. In 2013, US&F, a U.S. importer of lock washers that meet the specifications of the American Railway Engineering and Maintenance-of-Way Association, requested an official scope ruling, alleging that its washers were not covered by the Order. US&F explained that Customs was allowing it to continue making entry under HSTUS 7318.21.0090 in anticipation of the scope determination. Without initiating a scope inquiry, Commerce ruled that US&F’s washers are within the Order's scope and instructed Customs to suspend liquidation of “all unliquidated entries of merchandise made on or after the first day merchandise subject to the Order was suspended for antidumping purposes and collect cash deposits on all such entries.” Liquidation was suspended to October 1993, when the Order was issued and the first day Customs originally suspended liquidation of the subject merchandise. The Trade Court affirmed Commerce’s scope ruling but reversed Commerce’s retroactivity determination. On remand, Commerce issued new instructions to suspend liquidation on or after July 2013, when Commerce issued the final scope ruling regarding US&F’s washers. The Federal Circuit affirmed. Substantial evidence supports Commerce’s scope ruling but Commerce exceeded its regulatory authority by ordering the retroactive suspension of liquidation back to 1993
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