NEW YORK The
U.S. Court of International Trade (CIT) has denied a request by
Nucor Corp.s fastener division for a final investigation
into imports of steel fasteners from China and Taiwan,
reaffirming U.S. International Trade Commission (ITC) negative
injury determinations in preliminary-phase countervailing and
anti-dumping duty investigations.
Nucor filed a trade
case with the ITC in 2009 claiming that foreign suppliers had
hurt domestic fastener producers by dumping products on U.S.
amm.com, Oct. 15, 2009). The ITC ruled in favor of
the importers, but the Charlotte, N.C.-based company filed an
appeal with the U.S. Court of International Trade requesting a
new investigation, claiming that the decision was erroneous (
amm.com, Dec. 16, 2009). The ITC reviewed the
case in 2011 (
amm.com, Sept. 21, 2011).
The CIT affirmed that
the case had been decided in the importers favor. "The
ITCs remand redetermination is sustained and Nucors
request for a final investigation is denied," the court wrote.
"There is no reasonable indication that an industry in the
United States is materially injured or threatened with material
injury by reason of subject (certain standard steel fasteners)
imports from China and Taiwan."
Nucor claimed that the
ITCs judgment of trade cases used flawed methodology,
arguing that the commissions analysis was not
comprehensive enough and that its importer questionnaire
analysis, used to ascertain dumping margins, was "spotty and
The CIT denied that
any problems in reporting data influenced the ITCs
decision not to place duties on China and Taiwan.
"Although the ITC
acknowledged that the data is not complete and that some
discrepancies existed," the CIT judge said, "the court agrees
with the ITC that the data was sufficiently adequate to rely
upon for purposes of the investigation."
Lawyers for Nucor
declined to comment.