US to Appeal CIT Decision Excluding Some Magnesia Carbon Bricks From AD/CVD Orders
The U.S. will appeal a recent Court of International Trade decision upholding the Commerce Department's exclusion of seven types of bricks imported by Fedmet Resources Corp. from the scope of the antidumping duty and countervailing duty orders on magnesia carbon…
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bricks from China (see 2510090016). The trade court said the exclusion of the bricks comports with a 2014 U.S. Court of Appeals for the Federal Circuit decision, which led to the standard that the addition of any amount of alumina to a magnesia carbon brick excludes it from the orders. The case was filed by Fedmet to contest the scope ruling, which came after a referral in an AD/CVD evasion case, on 11 of Fedmet's brick types. After CIT initially remanded the case to address the CAFC ruling, Commerce said seven of Fedmet's brick types are excluded from the order, since they have a non-zero alumina content. The government in appealing the case joins the petitioner, who has already asked the appellate court for expedited consideration of the matter (see 2511260067) (Fedmet Resources v. United States, CIT # 23-00117).