Petitioner Supports Motion for Expedited Consideration of Scope Case at CAFC
Petitioner Magneisa Carbon Bricks Fair Trade Committee on Nov. 26 further supported its motion to have the U.S. Court of Appeals for the Federal Circuit expedite its appeal of a scope ruling involving the antidumping duty and countervailing duty orders on magnesia carbon bricks from China. The petitioner said the U.S. industry faces "severe competitive harm" from entries of the bricks at issue, and expedition is required to "limit foreign importers’ ability to flood the market with refractory bricks at unfairly traded (and injurious) prices" (Fedmet Resources v. United States, Fed. Cir. # 26-1160).
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In the scope ruling at issue, Commerce initially said 11 of importer Fedmet Resources' brick types fit under the scope of the orders, subjecting them to steep duties. However, the Court of International Trade remanded the scope ruling on the grounds that the agency ignored a key 2014 CAFC ruling, which led to the standard that the addition of any amount of alumina to a magnesia carbon brick excludes it from the orders (see 2412130061). The trade court said Commerce's scope ruling, in which the agency said magnesia carbon bricks with an alumina content above 5% are magnesia alumina carbon bricks and thus excluded from the AD/CVD orders, doesn't comport with the CAFC ruling.
On remand, Commerce said that since seven of Fedmet's bricks are certified to have a non-zero alumina content, they aren't subject to the orders (see 2503130022). CIT affirmed the exclusion of seven of Fedmet's brick types.
The committee appealed and sought expedited consideration of its case (see 2511190018). Fedmet opposed this motion, arguing that the petitioner "has merely re-stated its disagreement with the merits of the Trade Court's decision."
In response, the committee said that while merits are relevant to the bid for expedited consideration, this isn't the only reason to expedite, contrary to Fedmet's claim. Expedition is needed to limit importers' ability to flood the market with goods that are within the scope of the AD/CVD orders, "but because they contain trace amounts of alumina are improperly treated as out-of-scope under the Trade Court’s decision."
Since imports are typically liquidated after 314 days, if the Federal Circuit doesn't expedite this appeal, "entries could be liquidated without payment of any duties, causing substantial and irreparable harm,' the brief said.