International Trade Administration August 15, 2012 – Federal Register Recent Federal Regulation Documents

On March 27, 2012, in King Supply Co. LLC v. United States, 674 F.3d 1343 (Fed. Cir. Mar 27, 2012) (``King Supply III''), the U.S. Court of Appeals for the Federal Circuit (``CAFC'') reversed the decision of the U.S. Court of International Trade (``CIT'') in King Supply Co. LLC v. United States, Slip Op. 11-2, Court No. 09-477 (January 06, 2011) (``King Supply II''). In King Supply II, pursuant to the CIT's remand order, the Department of Commerce's (``Department'') results of redetermination construed the scope of the Order \1\ as excluding carbon steel butt-weld pipe fittings from the People's Republic of China (``PRC'') used in structural applications. In King Supply III, the CAFC, reversing the CIT, held that: (1) The Department in its original scope ruling reasonably determined that the scope of the Order did not give rise to an end use restriction, (2) the Department's original scope ruling was supported by substantial evidence, and (3) the CIT gave insufficient deference to the Department in interpreting the Order. 674 F.3d at 1345, 1349, 1350-51. As there is now a final and conclusive court decision with respect to the litigation pertaining to this proceeding, we are hereby publishing the final scope ruling that pipe fittings imported by King Supply are within the scope of the order and amending our January 26, 2011, amended final scope ruling consistent with the CAFC decision.\2\