Midwest Fastener Corp. v. United States
by: Kelly

Section: Federal Circuit and CIT Case Summaries

The CIT sustained Commerce’s third remand redetermination finding that strike anchors are not within the scope of the antidumping duty order on certain steel nails from China. The Court of Appeals for the Federal Circuit ordered the CIT to reconsider its ruling in Midwest I in accordance with the Court of Appeal’s decision in OMG, Inc. v. United States (which dealt with a similar scope issue pertaining to the AD order covering nails from Vietnam). In accordance with the Court of Appeals’ decision in OMG, Commerce’s finding that Midwest’s strike pin anchors are not “nails…constructed of two or more pieces” and are therefore not covered by the PRC Nails Order was reasonable, as Midwest’s and OMG’s anchors are substantially similar.