Slip Op. 08 - 131
J U D G M E N T
UNITED STATES COURT OF INTERNATIONAL TRADE
Thomas J. Aquilino, Jr., Senior Judge
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TA CHEN STAINLESS STEEL PIPE CO., LTD., :
Plaintiff, :
v. :
UNITED STATES, : Consolidated
Court No. 05-00094
Defendant, :
-and- :
ALLOY PIPING PRODUCTS, INC. et al., :
Intervenor-Defendants. :
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This matter having consolidated complaints filed on
behalf of the plaintiff foreign manufacturer and exporter and of
the intervenor-defendant members of the domestic U.S. industry,
each contesting aspects of Certain Stainless Steel Butt-Weld Pipe
Fittings From Taiwan: Final Results and Final Rescission in Part
of Antidumping Duty Administrative Review published by the
International Trade Administration, U.S. Department of Commerce
(“ITA”) at 70 Fed.Reg. 1,870 (Jan. 11, 2005); and each side having
interposed a motion for judgment on the agency record developed in
connection therewith; and the court in slip opinion 07-87, 31 CIT
(May 30, 2007), having denied plaintiff’s motion and having
Court No. 05-00094 Page 2
granted intervenor-defendants’ motion to the extent of remand to
the ITA to complete its analysis of some 18 named entities alleged
to be affiliated with the plaintiff within the meaning of 19 U.S.C.
§1677(33)(A)-(E); and the defendant having filed its Final Results
of Redetermination Pursuant to Court Remand (Oct. 1, 2007), which
set forth in detail the analysis ordered that concludes that one of
the named entities is affiliated with the plaintiff pursuant to
section 1677(33)(E) but that none of the others is so affiliated
within the meaning of the statute and also that the antidumping-
duty margin for the plaintiff remains unchanged; and the parties
having been afforded the opportunity to comment on those Final
Results both prior to publication by the ITA and now before the
court, which, after review thereof and due deliberation, has come
to
ORDER, ADJUDGE and DECREE that defendant’s Final Results
of Redetermination Pursuant to Court Remand (Oct. 1, 2007) be, and
they hereby are, affirmed; and it is further
ORDERED, ADJUDGED and DECREED that plaintiff’s complaint
be, and it hereby is, dismissed; and it is further
ORDERED, ADJUDGED and DECREED that intervenor-defendants’
complaint, save the limited relief granted in the court’s slip
Court No. 05-00094 Page 3
opinion 07-07, 31 CIT (May 30, 2007), be, and it hereby is,
dismissed.
Dated: New York, New York
December 1, 2008
/s/ Thomas J. Aquilino, Jr.
Senior Judge