CIT Issues 2nd Remand on "Finished Scaffolding" for AD/CV China Carbon Steel Pipe

An importer of scaffolding pieces sought to exclude its products from the scope of the antidumping and countervailing duty orders in circular welded carbon quality steel pipe from China, citing an exclusion for “finished scaffolding” that the International Trade Administration wrote into the AD and CV duty orders. However, after a voluntary remand the ITA again found the scaffolding imported by Constantine N. Polites & Co. to be covered by the orders. In response to the importer’s renewed challenge, the Court of International Trade issued a second remand instructing the ITA to provide evidence to support its assertion that “finished scaffolding” means scaffolding kits, or provide a definition. (Slip Op. 11-31, dated 03/23/11)