Home Products International, Inc. v. U.S. [Corrected Order]

CORRECTED ORDER NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit HOME PRODUCTS INTERNATIONAL, INC., Plain,tiff-Appellcmt, V. UN"ITED STATES, Defendan,t-Appellee, o AND SINCE HARDWARE (GUANGZHOU) CO. LTD., Defendant-Appellee. 2010-1194 Appea1 from the United Stat;es C0ur1: of Internati0nal T1'ade in case n0. 07-CV-0123, Judge Le0 M. G0rd0n. ON MOTION Before GAJARSA, MAYER and PROST, Circuit Judges. GAJARSA, Circuit Judge. ORDER HOME PRODUCTS V. US 2 Home Products lnternational, Inc. (Home Products) moves to summarily reverse the judgment of the United States Court of lnternational Trade in this case due to this court's recent decision in Home Prods. Int’l, Inc v. United States, 633 F.3d 1369 (Fed. Cir. 2011) (hereinafter Home Prods. I) and to remand for further proceedings. The United StateS does not oppose summary disposition but moves for vacatur rather than reversal. Home Prod- ucts replies. This appeal concerns an antidumping duty order cov- ering floor-standing, metal-top ironing tables and certain parts thereof from the People’s Republic of China. Com- merce determined that Since Hardware (Guangzhou) Co. Ltd. (Since Hardware) and other Chinese exporters were selling ironing tables in the United States at less than fair value, and the International Trade Commission found material injury. Thereafter, in the first and second administrative reviews of that antidumping order, Com- merce calculated dumping margins for Since Hardware. Because the agency considered those margin percentage determinations de minimis, Co1nmerce did not impose any antidumping duties on Since Hardware for these review periods. Home Products, an American manufacturer of iron tables, initiated actions in the Trade Court challenging the results of Commerce’s first and second administrative review. This appeal stems from Home Products challenge to Commerce’s first administrative review, while Home Products’ appeal from the Trade Court’s decision in the second administrative review gave rise to Home Prods. I. While these challenges were pending, Com1nerce con- ducted its third administrative review of the same anti- dumping order. During that proceeding, new evidence was brought to light that indicated Since Hardware had