Mid Continent Steel & Wire, Inc. v. United States, No. 18-1229 (Fed. Cir. 2019)Annotate this Case
Based on Mid Continent’s petition, the Department of Commerce initiated an antidumping duty investigation into steel nail products from Taiwan and certain other places. Commerce separated the Taiwanese investigation into its own proceeding and named Taiwanese exporter PT and its affiliated nail producer Pro-Team as mandatory respondents. Commerce found that the respondents were “dumping” goods, 19 U.S.C. 1673, and imposed a small antidumping duty on their imports. The Federal Circuit rejected Mid Continent’s argument that Commerce mistakenly rejected its argument that PT was affiliated with certain companies and should have imposed a higher duty. The court partially rejected PT’s argument that Commerce made methodological errors, the correction of which would reduce any dumping margin to a de minimis level so that no duty would be imposed, but remanded for further proceedings on Commerce’s choice of a simple averaging in calculating the pooled variance.