Country of origin, unfinished OCTG fabricated in China | KPMG | US
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Federal Circuit: Country of origin, unfinished OCTG fabricated in China

Country of origin, unfinished OCTG fabricated in China

The U.S. Court of Appeals for the Federal Circuit today issued a decision concerning the “country of origin” rules for certain imports of oil country tubular goods (OCTG).

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The case is: Bell Supply Co., LLC v. United States, 12017-1492, 2017-1495, 2017-1504 (Fed. Cir. April 25, 2018). Read the Federal Circuit’s decision [PDF 130 KB]

Summary

U.S. domestic steel companies appealed a decision of the U.S. Court of International Trade, that had affirmed a determination by the U.S. Commerce Department that certain imported OCTG fabricated as unfinished OCTG in China and finished in other countries were not subject to antidumping and countervailing duty orders covering OCTG imported from China. The trade court also agreed with Commerce’s determination that OCTG finished in third countries does not meet the “circumvention” requirements.

The Federal Circuit today held that the trade court improperly proscribed the Commerce Department from using a “substantial transformational analysis” to determine the country of origin for imported OCTG. The Federal Circuit vacated the trade court’s decision and remanded the case for further proceedings.

 

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

Douglas Zuvich | +1 (312) 665-1022 | dzuvich@kpmg.com

Andrew Siciliano | +1 (631) 425-6057 | asiciliano@kpmg.com

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