Commerce Flips Position, Excludes Ductile Iron Flanges From AD Order on Cast Iron Pipe Fittings
The Commerce Department found that importer Star Pipe Products' 11 ductile iron flanges are not subject to the antidumping duty order on cast iron pipe fittings from China, in Dec. 22 remand results submitted to the Court of International Trade, though it did so under protest (Star Pipe Products v. United States, CIT #17-00236).
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The reversal comes following three CIT remands of the relevant scope ruling. Commerce had originally said that the flanges were in scope, falling under the description that the flanges are "fittings that are made out of ductile iron that have the same physical characteristics as the gray or cast iron fittings subject to the scope above."
Commerce had relied on the original petition of the antidumping order and an exclusion for "ductile cast iron fittings with mechanical joint ends (MJ), or push on ends (PO), or flanged ends and produced to the American Water Works Association (AWWA) specifications AWWA C110 or AWWA C153." Commerce said that this didn't apply to Star Pipe's AWWA C115 flanges, citing the original petition. But the court ruled that the original petition never proposed an exclusion for products made to AWWA standards (see 2108270034).
The court also said that Star Pipe's ductile iron flanges made to the AWWA C115 standard have the same physical and chemical properties as ductile iron pipe fittings made to the C110 standard and that the two standards are "closely interrelated." Heeding the court's order, Commerce found, under protest, that it must include Star Pipe's flanges in the AWWA C110 exclusion.
"We ... respectfully disagree with the Court’s finding that such evidence suggests that the exclusion in the scope language should be extended to exclude any other AWWA standard because the physical characteristics may be the same or overlap when they explicitly cover separate pipe fittings," the remand results said. "We also respectfully disagree that the pipe fitting endings in the scope exclusion language is superfluous. However, under respectful protest, we are no longer relying on arguments made in the Star Pipe II Final Redetermination on this issue to support our determination as to Star Pipe’s flanges."
The petitioner, Anvil International, disagreed in its comments on the remand results, arguing the exclusion should be read narrowly. Commerce echoed these arguments, and said it is "not appropriate" to extend this exclusion to the AWWA C110 standard, but that it is merely complying with the court's order.
The trade court also ruled that Commerce failed to consider the International Trade Commission's decision to decline to broaden the domestic like product to include any ductile flanged fittings. "Because the Court has held that the evidence in the ITC Report suggests that the ITC considered ductile iron flanged fittings used for waterworks to be generally excluded from the scope of the Order and that the exclusion extends to ductile iron flanges for use in waterworks, under respectful protest, we are implementing the Court’s findings," Commerce said.