Fedmet Resources Corporation v. United States

Summary

The Federal Circuit affirmed the Court of International Trade's decision sustaining Commerce's redetermination, made under respectful protest, that Fedmet's imported bricks containing any amount of alumina fall outside the scope of the antidumping and countervailing duty orders on magnesia carbon bricks from Mexico and China. The court held that its prior decision in Fedmet I already decided that magnesia carbon bricks with any added alumina constitute out-of-scope MAC bricks because the petitioner surrendered any overlap by failing to provide a technical definition or cut-off point, and that Commerce impermissibly changed the orders' scope by imposing a five-percent alumina threshold in its covered-merchandise inquiry. The court observed that the Committee may not be left without recourse, noting it could seek rehearing en banc or ask Commerce to initiate a circumvention inquiry under 19 U.S.C. § 1677j.