Trade Court OKs Exclusion of Importer's Magnesia Carbon Bricks From AD/CVD Orders
The Court of International Trade on Oct. 9 sustained the Commerce Department's decision, made on remand, to exclude seven types of magnesia carbon bricks imported by Fedmet Resources from the scope of the antidumping and countervailing duty orders on magnesia…
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carbon bricks from China. While the petitioner, the Magnesia Carbon Bricks Fair Trade Committee, argued that Judge Miller Baker previously misinterpreted a 2014 ruling from the U.S. Court of Appeals for the Federal Circuit in finding that the addition of any alumina to the bricks excludes them from the orders, Baker was unconvinced. The judge said the petitioner in the underlying AD/CVD investigations explicitly disclaimed the inclusion of bricks with any alumina within the scope of the orders. Baker noted that while this could allow importers to skirt duty liability by merely adding tiny amounts of alumina, affected U.S. producers could turn to anti-circumvention proceedings.