Districargo, Inc. v. United States
682 F. App'x 919
| Fed. Cir. | 2017Background
- Districargo imported exhibition booth kits composed of extruded aluminum uprights and beams plus iron buckles/tension locks (fasteners).
- Commerce issued a Final Scope Ruling finding the kits were within the antidumping and countervailing duty Orders on aluminum extrusions from the People’s Republic of China, not excluded as "finished goods kits."
- The Orders define a "finished goods kit" as a packaged combination of parts that at import contains all necessary parts to fully assemble a finished good and requires no further finishing or fabrication.
- The Orders explicitly state that inclusion of fasteners alone does not make a product a "finished goods kit" excluded from the Orders.
- Districargo challenged Commerce’s scope ruling in the U.S. Court of International Trade; the Trade Court sustained Commerce’s ruling. Districargo appealed to the Federal Circuit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Districargo’s exhibition booth kits fall outside the Orders as "finished goods kits" | Kits are packaged with all parts to assemble final product and thus qualify for the finished goods kit exclusion | Kits consist only of aluminum extrusions plus fasteners; under the Orders (and Commerce’s interpretation) that combination does not qualify for the exclusion | Affirmed: kits are within the Orders; aluminum extrusions plus fasteners do not meet the finished goods kit exclusion |
Key Cases Cited
- Districargo v. United States, 163 F. Supp. 3d 1340 (Ct. Int’l Trade 2016) (Trade Court decision sustaining Commerce’s scope ruling)
