Quiedan Co. v. United States, No. 18-1962 (Fed. Cir. 2019)Annotate this Case
Quiedan imports agricultural stakes produced in China for use in training grape vines and other plants. Each stake is made of steel concrete reinforcing bar (rebar) by cutting rebar to a length of four to five feet, then sharpening one end to a point to ease driving the stake into the ground. The Department of Commerce concluded that Quiedan’s stakes are clearly within the scope of an antidumping duty order covering rebar from China. The Court of International Trade and Federal Circuit affirmed. Under the Rebar Order as modified by the 2007 Continuation, the “product covered is all steel concrete reinforcing bars (rebar) sold in straight lengths,” but “[s]pecifically excluded are plain rounds (i.e., non-deformed or smooth bars) and rebar that has been further processed through bending or coating.” The use of the rebar is immaterial and its physical properties and fabrication fall within the scope of the order.