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. shores (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 unreliable."
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.