CIT Faults ITC No-Injury Call in China/Taiwan Steel Fasteners & Remands

Domestic manufacturer Nucor Fastener Division challenged the negative preliminary injury determination by the International Trade Commission in its January 2006 - June 2009 AD and CV duty investigations of certain standard steel fasteners (CSSF) from China and Taiwan, and the Court of International Trade remanded the determination to the agency. The court noted that the ITC had concluded that “there is no reasonable indication that an industry in the United States is materially injured or threatened…by reason of imports” of CSSF from China and Taiwan despite reports of lost revenues from five out of six U.S. producers surveyed. The court particularly faulted the ITC’s reliance on “manifestly incomplete import data” as “arbitrary, capricious, and an abuse of discretion,” noting that the agency’s statement that its limited import volume data were comprehensive was “a complete failure to consider an important aspect of the problem.” (Slip Op. 11-104, dated August 11, 2011, public version posted subsequently)