The Department of Commerce (DOC) announced this week that the Court of International Trade’s (CIT) final judgment in the AD/CVD case against seamless unfinished oil country tubular goods (OCTG) manufactured China is not in harmony with the DOC’s final scope ruling.
The DOC ruled that neither the plain language of the scope nor an analysis of the scope language using the criteria outlined in the DOC’s regulations support a finding that seamless unfinished OCTG—manufactured in China and subsequently finished in a third country—are covered by the scope of the antidumping and countervailing duty orders.
Bell Supply Company challenged the DOC’s final ruling before the CIT; the CIT found that the language of the AD/CVD orders does not necessarily include OCTG finished in third countries, even if processed using “green” (unfinished) tubes sourced from China.
Because there is now a final court decision with respect to the Bell Supply Scope Ruling, the DOC is amending its final scope ruling. The DOC will instruct US Customs and Border Protection (CBP) that the cash deposit rate will be zero percent for the OCTG finished in Indonesia using unfinished green tubes manufactured in China.
In the event that the CIT’s ruling is not appealed, or if appealed, upheld by the CAFC, the DOC will instruct CBP to liquidate entries of the OCTG at issue without regard to antidumping and/or countervailing duties, and to lift suspension of liquidation of such entries.