US: ITC to revisit negative fastener ruling
26/09/2011 12:00
NEW YORK — The U.S. Court of International Trade (CIT) has sent back for further review the U.S. International Trade Commission’s negative preliminary determination on certain standard steel fasteners from China and Taiwan.
The CIT affirmed certain aspects of the ITC determination, but remanded two issues back to the commission for review.
The court’s decision to send a portion of the ruling back for further review follows an original unanimous ruling in November 2009, when the ITC found "no reasonable indication" that the domestic industry in the United States was "materially injured or threatened" by imports sold at less than fair value.
Charlotte, N.C.-based Nucor Corp., however, maintained its position that U.S. producers were negatively affected by the dumped imports.
Nucor’s counsel said the company was pleased with the decision. "Reversals of ITC preliminary determinations are very rare, and the reversal in the fasteners case demonstrates that the original determination was deeply flawed," said Alan Price of Washington-based Wiley Rein LLP, counsel to Nucor Fastener division. "There is no doubt that U.S. fastener companies and their workers are being injured by dumped imports from China and Taiwan."
As a result of the court’s decision, the ITC is allowing parties to file written comments recommending what action it should take on the remand. Only participants who were part of the appeal proceedings before the CIT may participate in the remand proceedings.
By Catherine Ngai
Source: amm.com
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