United Steel & Fasteners, Inc. v. United States

Opinion

 [*796]  Reyna, Circuit Judge.

The United States Department of Commerce appeals the United States Court of International Trade's determination that  [*797]  Commerce lacks authority to retroactively suspend liquidation of helical spring lock washers entered on or after the issuance date of an antidumping duty order. United Steel and Fasteners, Inc., an importer of the helical spring lock washers under investigation, cross-appeals the Court [**2]  of International Trade's affirmance of Commerce's determination that its washers are within the scope of the antidumping duty order. Because we conclude that Commerce's retroactivity determination was improper and substantial evidence supports Commerce's scope ruling, we affirm.

Background

I. The ADD Order

Shakeproof Assembly Components Division of Illinois Tool Works Inc. ("Shakeproof") is a U.S. domestic producer of lock washers. In 1992, Shakeproof filed a petition (the "Petition") for the imposition of antidumping duties on imports of certain helical spring lock washers from China. After examining the Petition, Commerce initiated an antidumping investigation. Commerce determined that imports of certain helical spring lock washers from China were being sold at less than fair value, and on October 19, 1993, it issued the antidumping duty order at issue in this appeal. See Certain Helical Spring Lock Washers From the People's Republic of China, 58 Fed. Reg. 53,914 (Dep't of Commerce Oct. 19, 1993), as amended, 58 Fed. Reg. 61,859 (Dep't of Commerce Nov. 23, 1993) ("ADD Order"). Commerce's ADD Order describes the subject merchandise as follows:

[C]ertain helical spring lock washers (HSLWs) are circular washers of carbon steel, of carbon alloy steel, or of stainless steel, heat-treated or non heat-treated, [**3]  plated or non-plated, with ends that are off-line. HSLWs are designed to: (1) Function as a spring to compensate for developed looseness between the component parts of a fastened assembly; (2) distribute the load over a larger area for screws or bolts; and (3) provide a hardened bearing surface. The scope does not include internal or external tooth washers, nor does it include spring lock washers made of other metals, such as copper. The lock washers subject to this investigation are currently classifiable under subheading 7318.21.0000 of the Harmonized Tariff Schedule of the United States (HTSUS).

ADD Order, 58 Fed. Reg. at 53,914-15.

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