SIMPSON STRONG TIE COMPANY v. Mid Continent Steel & Wire, Inc., Defendant-Appellee (2020)

The Government appeals a decision of the United States Court of International Trade affirming a remand determination of the United States Department of Commerce concluding that certain zinc masonry anchors and certain nylon masonry anchors imported by Simpson Strong-Tie Company are outside the scope of an antidumping order imposed on certain steel nails from the People's Republic of China. See generally Simpson Strong-Tie Co. v. United States, 393 F. Supp. 3d 1251 (Ct. Int'l Trade 2019); see also Notice of Antidumping Duty Order: Certain Steel Nails from the People's Republic of China, 73 Fed. Reg. 44,961 (Dep't of Commerce Aug. 1, 2008). The issues presented in this case are substantially identical to the issues presented in OMG, Inc. v. United States, No. 19-2131, ––– F.3d ––––, 2020 WL 5084283 (Fed. Cir. Aug. 28, 2020), issued herewith.¹ For the reasons stated in that opinion, we affirm the decision of the Court of International Trade.

AFFIRMED

FOOTNOTES

1.   Though OMG involves a different antidumping order covering certain steel nails from the Socialist Republic of Vietnam, the relevant scope language of that order is substantially identical to that of the antidumping order at issue in this case. Compare Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 Fed. Reg. 39,994, 39,995 (Dep't of Commerce July 13, 2015), with Certain Steel Nails from the People's Republic of China, 73 Fed. Reg. at 44,961–62.

Stoll, Circuit Judge.