United States Federal Circuit

Judgment of the Court of International Trade that steel nails included in certain household tool kits imported from the People's Republic of China were subject to an anti-dumping order is vacated and remanded, where: 1) because orders are subject to interpretation, the Trade Court erred in holding that in the absence of clear language in the final order, the Department of Commerce categorically lacks the authority to conduct a mixed media inquiry and to exclude from the scope of the order otherwise-subject merchandise included within a mixed media item; however 2) the Department of Commerce has not yet reasonably interpreted the order in this case so as to justify such an exclusion, so the matter is remanded by to the Department of Commerce for it to interpret its order.

Appellate Information

• Decided 07/18/2013
• Published 07/18/2013

Judges

• DYK

Court

• United States Federal Circuit

Counsel