Federal Circuit finds stainless steel imports not subject to antidumping duty order

September 7: The U.S. Court of Appeals for the Federal Circuit today reversed a judgment of the U.S. Court of International Trade in an antidumping case that substantial evidence supported the Commerce Department’s determination that the antidumping duty order concerning stainless steel plate in coils is ambiguous, and held that the plain meaning of the orders regarding the 4.75 mm thickness is a reference to actual thickness of products subject to the orders. Arcelormittal Stainless Belgium N.V. v. United States, 2011-1578 (Fed. Cir. September 7, 2012)

Text of the 16-page decision: Arcelormittal Stainless [PDF 123 KB]

The plaintiff, a Belgian producer of stainless steel plate in coils, requested a scope ruling to determine whether its products, which have nominal thicknesses of 4.75 mm or more, but are imported into the United States with actual thicknesses less than 4.75 mm, were included within the scope of the antidumping duty order. Commerce had determined that these imports were subject to the antidumping duty order. The Court of International Trade agreed; however, the Federal Circuit today reversed, finding that the final scope ruling was not supportable because it was contrary to the plain language of the order.

For more information, contact a professional with KPMG’s Trade & Customs practice:

(312) 665-1022

(631) 425-6057

(267) 256-2614

(949) 885-5617

(212) 954-3094

(202) 533-3247

Or your local KPMG Trade & Customs professional.

©2012 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.

The KPMG logo and name are trademarks of KPMG International.

KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever.

The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

Direct comments, including requests for subscriptions, to us-kpmgwnt@kpmg.com.
For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at:

+ 1 202 533 4366

1801 K Street NW
Washington, DC 20006.

TaxNewsFlash-Trade & Customs by year

2013
2012 [PDF 550 KB]
2011 [PDF 256 KB]

© 2013 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative ("KPMG International"), a Swiss entity. All rights reserved.

KPMG International Cooperative (“KPMG International”) is a Swiss entity. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.