Mid Continent Nail Corporation v. United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
DYK, Circuit Judge.
In 2012, the Department of Commerce issued a final determination in an anti-dumping investigation of certain steel nails from the United Arab Emirates (“UAE”) finding that Precision Fasteners, LLC had engaged in targeted dumping and imposed a duty. In calculating Precision’s dumping margin, Commerce declined to apply a regulation limiting the use of the average-to-transaction methodology to non-targeted sales because the agency asserted that the regulation had been withdrawn in 2008. See 19 C.F.R. § 351.414(f)(2) (2008).
The Court of International Trade (“Trade Court”) held…
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