United States Federal Circuit

The final decision of the U.S. Court of International Trade denying plaintiff's motion for judgment upon the agency record and affirming the Department of Commerce's final scope determination regarding antidumping and countervailing duty orders covering imports of certain magnesia carbon bricks (MACs), is reversed and remanded, where: 1) when a petitioner is requested to clarify with a high degree of specificity the scope of its petition, its response is highly germane to a subsequent scope determination; 2) Commerce's scope ruling is unsupported by substantial evidence; and 3) plaintiff's Bastion MAC bricks are outside the scope of the countervailing and antidumping orders at issue in this case.

Appellate Information

• Decided 06/20/2014
• Published 06/20/2014

Judges

• REYNA

Court

• United States Federal Circuit

Counsel