CIT Calls for "New Scope Test" for AD Goods in Kits with Non-Covered Items

Mid-Continent Nail Corporation, a domestic producer, challenged a ruling by the International Trade Administration that excluded nails in home tool kits from the scope of the August 1, 2008 AD order on certain steel nails from China. The Court of International Trade found the ITA has applied contradictory approaches in cases where merchandise covered by AD orders is imported in kits with non-covered items.

For example, the court noted, the ITA excluded from the scope of an order lined paper products sold within “padfolios,” and cased pencils in compass sets, both from China. On other occasions, the court found, the ITA has ruled such items as tissue paper in gift bag sets, and porcelain-on-steel cookware in camping sets, both also from China, were included in the scope of their AD orders despite forming parts of assortments.

“Such inconsistency in agency procedure is not permitted,” the court ruled, instructing the ITA to “identify a test it will employ consistently,” and to provide a legal justification. Note that this ruling and the scope test ordered would also be applicable to countervailing duty (CV) investigations. (Slip Op. 11.55, dated 05/17/11)