Legal Opinion · Dissent

Fedmet Resources Corp. v. United States

Court of Appeals for the Federal Circuit

Decided June 20, 2014No. 2013-1539Published

1DissentWallach, Circuit Judge

The majority fails to ground its analysis in the plain language of the scope of the investigation, as defined in the antidump-ing and countervailing duty orders for MCBs (“the Orders”), and instead focuses on the petition of a domestic producer, contrary to the governing regulation. Because I would affirm the decision of the Court of International Trade (“CIT”), I respectfully dissent.

Fedmet’s merchandise has concentrations of magnesia and carbon falling within the scope of the Orders. The majority nevertheless holds Commerce erred in finding Fedmet’s magnesia alumina carbon (“MAC”) bricks…

2Cases cited10 opinions

  1. Thomas Jefferson University v. ShalalaSupreme Court of the United States · 1994
  2. Cathedral Candle Co. v. United States International Trade CommissionCourt of Appeals for the Federal Circuit · 2005
  3. Sandvik Steel Company v. United States, Fujitsu Ten Corporation of America v. United StatesCourt of Appeals for the Federal Circuit · 1998
  4. Eckstrom Industries, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2001
  5. Duferco Steel, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2002

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