Scaffolding Tubes Importer Loses at CAFC on Scope of China Pipe AD Order

An importer of Chinese high-strength galvanized finished steel tubing used in scaffolding appealed a decision by the Court of International Trade that upheld the inclusion of its products within the scope of the AD and CVD orders on circular welded carbon quality steel pipe from China. The importer, Constantine N. Polites & Co., had cited an exclusion for “finished scaffolding” in the AD and CV duty orders and claimed its merchandise was finished scaffolding. Following two CIT remands, the International Trade Administration provided evidence to show there were actual imports from China of “finished scaffolding” in kits, and that Polite’s merchandise was not of that type, i.e., was not “finished” and was covered by the orders.

The Court of Appeals for the Federal Circuit upheld the CIT and the ITA, agreeing, “although the evidence…is thin,” that Polites’ tubes are not “finished scaffolding” and fall within the AD and CVD orders.

(See ITT’s Online Archives 11033027 for BP summary of lower court ruling on inclusion of merchandise in scope of AD/CVD orders.)

(Appeal 2011-1606, dated 03/07/2013, Judge Pogue)