from the United States Court of International Trade in No.
l:13-cv-00018-RKM, Senior Judge R. Kenton Musgrave.
Alexander Schaefer, Crowell & Moring, LLP, Washington,
DC, argued for plaintiff-appellee. Also represented by Daniel
Cannistra; Frances Pierson Hadfield, New York, NY.
K. HOGAN, Commercial Litigation Branch, Civil Division,
United States Department of Justice, Washington, DC, argued
for defendant-appellant. Also represented by Benjamin C.
Mizer, Jeanne E. Davidson, Reginald T. Blades, Jr.; Jessica
M. Link, Office of Chief Counsel for Trade Enforcement and
Compliance, United States Department of Commerce, Washington,
Prost, Chief Judge, NEWMAN and WALLACH, Circuit Judges.
WALLACH, Circuit Judge.
2012, Appellee Meridian Products, LLC ("Meridian")
asked the U.S. Department of Commerce ("Commerce")
to issue a scope ruling that certain aluminum trim kit
packages ("trim kits") do not fall within the scope
of the antidumping and countervailing duty orders on aluminum
extrusions from the People's Republic of China ("the
Orders"). Commerce found the trim kits subject to the
Orders' scope, and Meridian challenged that ruling before
the U.S. Court of International Trade ("the CIT").
Five opinions and three remands later, the CIT sustained
Commerce's third remand determination, in which Commerce
found, under protest, that the trim kits do not fall within
the Orders' scope. See Meridian Prods., LLC v. United
States (Meridian V), 145 F.Supp.3d 1329, 1331
(Ct.Int'l Trade 2016).
United States ("Government") appeals. We possess
subject matter jurisdiction pursuant to 28 U.S.C. §
1295(a)(5) (2012). We reverse.
instant appeal addresses whether particular products fall
within the scope of existing antidumping and countervailing
duty orders. As a result, we examine the Orders' scope,
the description of the products in question, and the
procedural history before turning to the merits.
generally investigates whether a foreign government or public
entity provided "a countervailable subsidy with respect
to the manufacture, production, or export" of
merchandise that has entered the United States, 19 U.S.C.
§ 1671(a)(1) (2012), and whether particular merchandise
was sold in the United States "at less than its fair
value, " id. § 1673(1). At the
conclusion of an investigation, if Commerce and the U.S.
International Trade Commission ("the ITC") make the
requisite findings,  Commerce publishes an order imposing
duties on imported merchandise covered by the investigation.
Id. §§ 1671e(a), 1673e(a). In each order,
Commerce must "include a description of the subject
merchandise!] in such detail as [it] . . . deems
necessary." Id. §§ 1671e(a)(2),
2011, Commerce published the Orders. See Alumi- num
Extrusions from the People's Republic of China
(Antidumping Duty Order), 76 Fed. Reg. 30, 650
(Dep't of Commerce May 26, 2011); Aluminum Extrusions
from the People's Republic of China (Countervailing Duty
Order), 76 Fed. Reg. 30, 653 (Dep't of Commerce May
26, 20ll).The scope of the Orders describes the
subject merchandise as "aluminum extrusions" that
"are shapes and forms, produced by an extrusion process,
made from" specified aluminum alloys. Antidumping
Duty Order, 76 Fed. Reg. at 30, 650. The subject
extrusions possess "a wide variety of shapes and
forms" in "a variety of finishes."
Id. The subject extrusions also "may be
described at the time of importation as parts for final
finished products that are assembled after importation"
and "may be identified with reference to their end
use." Id. at 30, 650, 30, 651.
Orders' scope contains several exclusions. In relevant
part, the scope
excludes finished goods containing aluminum extrusions that
are entered unassembled in a "finished goods kit."
A finished goods kit is understood to mean a packaged
combination of parts that contains, at the time of
importation, all of the necessary parts to fully assemble a
final finished good and requires no further finishing or
fabrication, such as cutting or punching, and is assembled
"as is" into a finished product. An imported
product will not be considered a "finished goods
kit" and therefore excluded from the scope of the
[Orders] merely by including fasteners such as screws, bolts,
etc. in the packaging with an aluminum extrusion product.
Id. at 30, 651. The instant appeal concerns whether
Meridian's trim kits meet the terms of the "finished
goods kit" exclusion.
Meridian's Trim Kits
the descriptions of subject merchandise" in an
order's scope pertain to a class or kind of goods and
therefore "must be written in general terms, "
questions arise as to whether a particular product falls
within the scope of an existing order. 19 C.F.R. §
351.225(a) (2012); see 19 U.S.C. § 1677(25)
(defining "subject merchandise" as "the class
or kind of merchandise that is within the scope of an . . .
order"). Congress has authorized Commerce to issue scope
rulings clarifying "whether a particular type of
merchandise is within the class or kind of merchandise
described in an existing . . . order." 19 U.S.C. §
1516a(a)(2)(B)(vi); accord Royal Bus. Machs., Inc. v.
United States, 669 F.2d 692, 699 (CCPA 1982) (confirming
Commerce's authority to issue scope rulings). An
interested party may submit an application to Commerce to
obtain clarification about an order's
scope. 19 C.F.R. § 351.225(c); see Smith
Corona Corp. v. United States, 915 F.2d 683, 685-86
(Fed. Cir. 1990) (explaining that scope rulings clarify the
terms of the original order but do not modify or amend them).
the importer of the trim kits, asked Commerce to issue a
scope ruling that "confirm[s]" the kits do not fall
within the Orders' scope. J.A. 200. Meridian described
the trim kits as "an aesthetic frame around the
perimeter of (though not attached to) a major home kitchen
appliance, " such as a "freezer" or
"refrigerator." J.A. 200, 201. According to
Meridian, the "[t]rim kits are sold as a package of
finished parts" and "consist of extruded aluminum
forms made from aluminum alloy" covered by the
Orders' scope. J.A. 201. Meridian further stated that
"[t]he trim kits also include a customer installation
kit for the consumer to use during the final assembly in the
residential kitchen, " with the installation kit