CIT Confirms Scaffolding Kits in Scope of AD China Circular Pipe

An importer had sought a scope ruling from the International Trade Administration to determine whether scaffolding tube kits would be excluded from the scope of the AD order on circular welded carbon quality steel pipe from China, under the order’s exclusion for “finished scaffolding,” but the ITA concluded the kits do not qualify for the exclusion. On remand from the Court of International Trade, the ITA again concluded that Constantine Polites’ scaffolding tubes fail to meet the definition of “finished scaffolding” in the order’s exclusion because the kits require the addition of other components after importation, before they can be used as scaffolding. The CIT upheld the agency’s determination that Polites’ kits must therefore be included in the scope of the order. (Slip Op. 11-91, dated 07/28/11)