Meridian Products, LLC v. United States, 2014 WL 7381340

Meridian sued U.S. Commerce challenging the Final Redetermination pursuant to Court Remand (Second Remand) in Meridian II concerning whether refrigerator/freezer trim kits fall within the scope of aluminum extrusions orders and the finished goods kit and finished merchandise exclusions.
Meridian II remanded to start from a clean slate and fully account for prior rulings (Drapery Rail Kits Remand and Solar Panel Mounting Ruling) to assess the trim kits under the finished goods exclusion methodology.
Commerce again determined the trim kits fall within the scope as aluminum extrusions used as frames for major appliances and did not qualify for the finished goods kit exclusion, and did not meet the finished merchandise exclusion because the kits are unassembled and consist of aluminum extrusions, fasteners, and other materials.
The Drapery Rail Kits Remand and Solar Panel Mounting Ruling were distinguished because those goods satisfied the finished goods kit exclusion whereas the trim kits did not.
Plaintiff argued Commerce failed to exhaust administrative remedies and that Commerce’s reasoning on “display” vs. (k)(2) criteria was inadequately explained; Defendant argued exhaustion was satisfied and evidence supported the decision.
Court sustains the Second Remand findings in full and denies Meridian’s third remand request.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exhaustion of administrative remedies	Meridian contends it pressed exhaustion issues in court comments after First Remand.	Commerce was not required to address issues never pressed at the agency level.	Meridian failed to exhaust; arguments not properly raised at administrative level.
Finished goods kit exclusion applicability	Trim kits may qualify as finished goods kits because they are packaged to assemble a finished frame.	Trim kits fail the initial exclusion step as they consist entirely of aluminum extrusions, fasteners, and extraneous materials.	Second Remand sustained; trim kits do not qualify for finished goods kit exclusion.
Finished merchandise exclusion applicability	Trim kits should be excluded as finished merchandise because they are fully and permanently assembled at importation.	Trim kits are unassembled upon importation and do not meet the finished merchandise exclusion; even if assembled later, they do not qualify.	Second Remand sustained; trim kits do not meet finished merchandise exclusion.

Ta Chen Stainless Steel Pipe, Ltd. v. United States, 28 CIT 627, 342 F. Supp. 2d 1191 (2004) (exhaustion and scope review principles in antidumping cases)
Dorbest Ltd. v. United States, 604 F.3d 1363, 1375 (Fed. Cir. 2010) (exhaustion and record adequacy for judicial review)
Sandvik Steel Co. v. United States, 164 F.3d 596, 600 (Fed. Cir. 1998) (agency deference and meaning of scope language in antidumping orders)