Judge: ITC Used Flawed Data to Reject Nucor Fastener’s Antidumping Petition
FEATURE
In granting Nucor Fastener’s appeal on the U.S. International Trade Commission’s (ITC) negative preliminary determination, the U.S. Court of International Trade (CIT) remanded the antidumping investigation of standard steel fasteners from China and Taiwan because of how the ITC collected and analyzed certain volume and pricing data in the case.
The “ITC’s reliance on certain data collected in these investigations is arbitrary, capricious, and an abuse of discretion,” U.S. Court of International Trade Judge Evan J. Wallach wrote in his 31-page opinion.
“Firms in Taiwan reported exporting more subject merchandise to the United States than firms in the United States reported importing from Taiwan,” Wallach wrote.
“We believe we have a strong case,” Nucor Fastener attorney Alan Price told GlobalFastenerNews.com.
The judge sent the case back to the ITC where Nucor’s 2009 petition was rejected on a 6-0 vote.
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