United States Court of International Trade

Remand Determination Affirmed

In DynaEnergetics U.S. Inc. v. United States, Court No. 16-45, Slip Op. 18-23 (March 16, 2018), the Court affirmed the U.S. Department of Commerce’s (“Commerce”) scope determination in the Remand Results, where Commerce determined that Plaintiff’s customized tubing for perforating gun carriers (“gun carrier tubing”) is within scope of the antidumping and countervailing duty orders.  This action involves a challenge to a U.S. Department of Commerce scope determination for the antidumping and countervailing duty orders on Certain Oil Country Tubular Goods from the People’s Republic of China, 75 Fed. Reg. 28,551 (Dep’t Commerce May 21, 2010) (final determination of sales at less than fair value and antidumping duty order) (“AD Order”); Certain Oil Country Tubular Goods from the People’s Republic of China, 75 Fed. Reg. 3,203 (Dep’t Commerce Jan. 20, 2010) (am. final affirmative countervailing duty determination and countervailing duty order) (“CVD Order”) (collectively, “AD & CVD Orders” or “the Orders”).  

Applying the 19 C.F.R. §351.225(k)(1) factors and looking specifically at the language of the scope of the orders, gun carrier tubing fits the description which covers, “hollow steel products of circular cross-section . . . of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, regardless of end finish (e.g., whether or not plain end, threaded, or threaded and coupled).”  Plaintiff’s description of the gun carrier tubing is “a tubular steel product used in oil and gas wells” satisfied the definition of the OCTG Commerce set forth. Given that the requirements of (k)(1) are satisfied, the Court need not look at the 19 C.F.R. § 351.225(k)(2) factors.  For this reason, the Court affirmed Commerce’s decision.