Texas Crushed Stone Co. v. United States

35 F.3d 1535, 1994 WL 501277
CourtCourt of Appeals for the Federal Circuit
DecidedSeptember 15, 1994
DocketNo. 93-1481
StatusPublished
Cited by15 cases

This text of 35 F.3d 1535 (Texas Crushed Stone Co. v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Texas Crushed Stone Co. v. United States, 35 F.3d 1535, 1994 WL 501277 (Fed. Cir. 1994).

Opinion

SCHALL, Circuit Judge.

Appellants, Texas Crushed Stone Company, Parker Lafarge, Inc., and Gulf Coast Limestone, Inc., appeal from the May 25, 1993 judgment of the United States Court of International Trade (CIT), sustaining a negative preliminary determination of the United States International Trade Commission (ITC or agency) under sections 773(a) and 771(4)(C) of the Tariff Act of 1930, as amended, 19 U.S.C. §§ 1673b(a), 1677(4)(C) (1988). Texas Crushed Stone Co. v. United States, 822 F.Supp. 773 (Ct. Int’l Trade 1993). The ITC determined that there was not a concentration of dumped imports of crushed limestone from Mexico into a regional market comprised of 75 counties in Southeast Texas. We affirm.

BACKGROUND

I. The Statutory Scheme

One of the purposes of the antidumping statute is to remedy the harm caused by sales of imported merchandise in the United States at less than fair value (LTFV). Consequently, if imported merchandise is being sold, or is likely to be sold, at LTFV and as a result, an industry in the United States is materially injured or threatened with material injury, the statute authorizes the imposition of an antidumping duty on such merchandise. 19 U.S.C. § 1673 (1988).

Antidumping proceedings are normally commenced when interested parties file petitions with the ITC and the International Trade Administration (ITA). 19 U.S.C. § 1673a(b) (1988).1 Such proceedings involve [1537]*1537five stages: (1) Within 20 days of the filing of a petition, the ITA decides whether to initiate an investigation. 19 U.S.C. § 1673a(c). An investigation is initiated if the petition alleges the elements necessary for the imposition of a duty and contains information reasonably available to the petitioner supporting the allegations. 19 U.S.C. § 1673a(c)(l). If the ITA finds the petition insufficient, an investigation is not initiated, 19 U.S.C. § 1673a(c)(3), and any investigation initiated by the ITC is terminated. 19 U.S.C. § 1673b(a) (1988).2 (2) If the ITA does not find the petition insufficient, the ITC must preliminarily determine, within 45 days of the petition filing date, whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury. 19 U.S.C. § 1673b(a). If that determination is negative, the investigation is terminated. 19 U.S.C. § 1673b(a). (3) If the ITC finds a reasonable indication of material injury or threat of material injury, the ITA must preliminarily determine, within 160 days of the petition filing date (subject to an extension), whether there is a reasonable basis to believe or suspect that merchandise is being sold, or is likely to be sold, at LTFV. 19 U.S.C. § 1673b(b)(l). An affirmative preliminary LTFV determination by the ITA results in the suspension of liquidation of duties and the posting of bonds for the merchandise. 19 U.S.C. § 1673b(d)(l)-(2). A negative preliminary LTFV determination prevents imposition of those provisional remedies but does not terminate the investigation. (4) Within 75 days of its preliminary determination (subject to an extension), the ITA makes a final determination with respect to the sale of merchandise at LTFV. 19 U.S.C. § 1673d(a)(l) (1988). If that final determination is negative, the investigation is terminated. 19 U.S.C. § 1673d(c)(2). (5) If the ITA’s final LTFV determination is affirmative, the ITC makes a final determination of material injury. 19 U.S.C. § 1673d(b)(l).3 If the ITC determines that no injury exists, the investigation is terminated. If the ITC determines that injury exists, the ITA issues an anti-dumping duty order. 19 U.S.C. § 1673d(c)(2). See generally American Lamb Co. v. United States, 785 F.2d 994, 998-99 (Fed.Cir.1986). In this ease, the anti-dumping proceedings were terminated after the ITC made a stage (2) negative preliminary determination.

II. Proceedings before the ITC

On May 20, 1992, appellants filed petitions with the ITC and the ITA alleging that an industry in the United States was materially injured or threatened with material injury by reason of imports of crushed limestone from Mexico at LTFV. Texas Crushed Stone, 822 F.Supp. at 774.4 In due course, the ITC conducted a stage (2) preliminary investigation under 19 U.S.C. § 1673b(a) to determine whether there was a reasonable indication that an industry in the United States was materially injured or threatened with material injury by reason of the subject imports. Id. In such .an investigation, when defining “industry,” the ITC may conduct a regional industry analysis as provided in the statute:

In appropriate circumstances, the United States, for a particular product market, may be divided into 2 or more markets and the producers within each market may be treated as if they were a separate industry if—
[1538]*1538(i) the producers within such market sell all or almost all of their production of the like product in question in that market, and
(ii) the demand in that market is not supplied, to any substantial degree, by producers of the product in question located elsewhere in the United States.

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35 F.3d 1535, 1994 WL 501277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/texas-crushed-stone-co-v-united-states-cafc-1994.