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Districargo, Inc. v. United States
682 F. App'x 919
| Fed. Cir. | 2017
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Background

  • 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)
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Case Details

Case Name: Districargo, Inc. v. United States
Court Name: Court of Appeals for the Federal Circuit
Date Published: Apr 3, 2017
Citation: 682 F. App'x 919
Docket Number: 2016-2192
Court Abbreviation: Fed. Cir.