Slip Op. 20-43

UNITED STATES COURT OF INTERNATIONAL TRADE 

Before: Timothy C. Stanceu, Chief Judge

Court No. 13-00246

OPINION

[Sustaining a decision construing the scope of antidumping duty and countervailing duty 

orders on a type of appliance door handle.]

Dated: 

Daniel J. Cannistra, Crowell & Moring, LLP, of Washington, D.C., for plaintiff. With 

him on the brief was Alexander Schaefer.

Donald Harrison, Gibson, Dunn & Crutcher, LLP, of Washington, D.C., for plaintiffintervenor.

Aimee Lee, Senior Trial Counsel, Civil Division, U.S. Department of Justice, of New 

York, NY, for defendant. With her on the brief were Joseph H. Hunt, Assistant Attorney 

General, Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Jeanne E. Davidson,

Director, Tara K. Hogan, Assistant Director, and Reginald T. Blades, Jr., Assistant Director. Of 

counsel was Jessica M. Link and Orga Cadet, Office of the Chief Counsel for Trade 

Enforcement & Compliance, U.S. Department of Commerce, of Washington, D.C.

MERIDIAN PRODUCTS, LLC,

Plaintiff,

and

WHIRLPOOL CORPORATION,

Plaintiff-Intervenor,

v.

UNITED STATES,

Defendant,

and

ALUMINUM EXTRUSIONS FAIR 

TRADE COMMITTEE,

Defendant-Intervenor.

April 6, 2020
Court No. 13-00246 Page 2

Alan H. Price and Robert E. DeFrancesco, III, Wiley Rein LLP, of Washington, D.C.,

for defendant-intervenor.

Stanceu, Chief Judge: Plaintiff Meridian Products, LLC (“Meridian”) contested a 2013

“Final Scope Ruling” of the International Trade Administration, United States Department of 

Commerce (“Commerce” or the “Department”), construing the scope of antidumping and 

countervailing duty orders (the “Orders”) on aluminum extrusions from the People’s Republic of 

China to include certain kitchen appliance door handles.

Before the court is the decision (the “Second Remand Redetermination”) Commerce 

issued in response to the court’s remand order following the decision of the Court of Appeals for 

the Federal Circuit (“Court of Appeals”) in Meridian Prods., LLC v. United States, 890 F. 3d 

1272 (Fed. Cir. 2018) (“Meridian III”). Final Results of Second Redetermination Pursuant to 

Court Remand (May 15, 2019), ECF No. 88-1 (“Second Remand Redetermination”). Neither 

plaintiff nor plaintiff-intervenor filed comments with Commerce or with the court objecting to 

the Second Remand Redetermination, which the court sustains.

I. BACKGROUND

The opinion of the Court of Appeals in Meridian III and the court’s earlier opinions

contain background on this litigation, with which the court presumes familiarity. See 

Meridian III, 890 F.3d at 1274–77; Meridian Prods., LLC v. United States, 39 CIT __, __, 125

F. Supp. 3d 1306, 1308–09 (2015) (“Meridian I”); Meridian Prods., LLC v. United States,

40 CIT __, __, 180 F. Supp. 3d 1283, 1284–85 (2016) (“Meridian II”); Meridian Prods., LLC v. 

United States, 43 CIT __, __, 357 F. Supp. 3d 1351, 1353 (2019) (“Meridian IV”).

As of the time Commerce prepared and issued the Second Remand Redetermination, the 

sole issue remaining to be determined was whether a specific type of appliance door handle (a 

“Type B” handle) was within the scope of an antidumping duty order and a countervailing duty 
Court No. 13-00246 Page 3

order (the “Orders”) on certain aluminum extrusions from the People’s Republic of China, both 

issued in May 2011. Meridian IV, 43 CIT at __, 357 F. Supp. 3d at 1357; see Aluminum 

Extrusions from the People’s Republic of China: Antidumping Duty Order, 76 Fed. Reg. 30,650 

(Int’l Trade Admin. May 26, 2011) (“AD Order”); Aluminum Extrusions from the People’s 

Republic of China: Countervailing Duty Order, 76 Fed. Reg. 30,653 (Int’l Trade Admin. May 

26, 2011) (“CVD Order”). Each Type B handle is an assembly consisting of an aluminum 

extrusion component, plastic end caps, and screws. See Second Remand Redetermination 17. As 

directed by the Court of Appeals, the court ordered Commerce in Meridian IV, 43 CIT at __, 

357 F. Supp. 3d at 1357, to determine whether the Type B handles fall within the “finished 

merchandise” exclusion in the Orders. See AD Order, 76 Fed. Reg. at 30,651; CVD Order, 76 

Fed. Reg. at 36,654, (excluding from the Orders “finished merchandise containing aluminum 

extrusions as parts that are fully and permanently assembled and completed at the time of 

entry”). The court also directed Commerce, if concluding that the finished merchandise 

exclusion did not apply, to determine whether the Orders applied to a Type B handle in its 

entirety or only to the aluminum-extruded component of the assembly. Meridian IV, 43 CIT at 

__, 357 F. Supp. 3d at 1357.

On April 1, 2019, Commerce provided the parties, and invited comment on, a draft of a 

remand redetermination in which it proposed to rule that the finished merchandise exclusion did 

not apply to the Type B handles and that the extruded aluminum component of each Type B 

handle was within the scope of the Orders while the other components (plastic end caps and 

screws) were not. Draft Results of Second Redetermination Pursuant to Court Remand, 

Meridian Prods. LLC v. United States, Ct. No. 13-00246, Slip Op. 19-5 (Apr. 1, 2019). Only the 

defendant-intervenor submitted comments on the draft. Second Remand Redetermination at 17. 
Court No. 13-00246 Page 4

In the Second Remand Redetermination, Commerce ruled that the finished merchandise 

exclusion did not apply to the Type B handles and that the extruded aluminum component of 

each Type B handle was within the scope of the Orders while the other components (plastic end 

caps and screws) were not. Second Remand Redetermination 37. Defendant-intervenor 

submitted comments to the court in favor of the Second Remand Redetermination. Def.-Int. 

Aluminum Extrusion Fair Trade Committee’s Comments on Second Final Results of 

Redetermination Pursuant to Court Remand, (June 14, 2019), ECF No. 90. On June 3, 2016, 

defendant replied to these comments. Def.’s Submission in Accordance with the Court’s Order 

of Apr. 11, 2019 and Request to Sustain Second Remand Redetermination (June 21, 2019), ECF 

No. 91. No other party submitted comments to the court. 

II. DISCUSSION

Neither the plaintiff nor the plaintiff-intervenor have successfully contested or may 

contest the Second Remand Redetermination. The court reaches this conclusion for two reasons. 

First, having failed to comment on the draft determination Commerce provided to the parties, the 

requirement to exhaust administrative remedies would have allowed the court to disregard any 

objection plaintiff or plaintiff-intervenor could have made to the Second Remand 

Redetermination in comments to the court. See Mittal Steel Point Lisas Ltd. v. United States, 

548 F.3d 1375, 1383 (Fed. Cir. 2008). While exceptions allowing a court to waive the 

exhaustion requirement apply in some circumstances, no such exception is apparent from these 

facts and circumstances, and none is sought. 

Second, the doctrine of waiver also applies to the position of the plaintiff and plaintiffintervenor in this litigation. See Sage Products, Inc. v. Devon Indus., Inc. 126 F.3d 1420, 1426 

(Fed. Cir. 1997). Because neither submitted comments to the court objecting to the Second 
Court No. 13-00246 Page 5

Remand Redetermination, any objection these parties could have raised to the Second Remand 

Redetermination has been waived.

III. CONCLUSION

For the reasons set forth above, the court sustains the Second Remand Redetermination 

and will enter judgment accordingly.

/s/ Timothy C. Stanceu

Timothy C. Stanceu

Chief Judge

Dated:

New York, New York

April 6, 2020