Mid Continent Steel & Wire, Inc. v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
MID CONTINENT STEEL & WIRE, INC.,
Plaintiff-Appellee
v.
UNITED STATES,
Defendant-Appellee
PT ENTERPRISE INC., PRO-TEAM COIL NAIL
ENTERPRISE INC., UNICATCH INDUSTRIAL CO.,
LTD., WTA INTERNATIONAL CO., LTD., ZON MON
CO., LTD., HOR LIANG INDUSTRIAL
CORPORATION, PRESIDENT INDUSTRIAL INC.,
LIANG CHYUAN INDUSTRIAL CO., LTD.,
Defendants-Appellants
______________________
2024-1556
______________________
Appeal from the United States Court of International
Trade in Nos. 1:15-cv-00213-CRK, 1:15-cv-00220-CRK,
Judge Claire R. Kelly.
______________________
ON MOTION
______________________
Before TARANTO, BRYSON, and CUNNINGHAM, Circuit
Judges
PER CURIAM.
Case: 24-1556 Document: 99 Page: 1 Filed: 12/02/2025

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MID CONTINENT STEEL & WIRE, INC. v. US 2
O R D E R
The United States, by motion, informs this Court that
the Department of Commerce has abandoned the position
on which it prevailed in this case in the United States
Court of International Trade, and it asks this Court to re-
mand the case for further remand to Commerce so that
Commerce may consider an alternative methodology for
analyzing whether there is “a pattern of export prices (or
constructed export prices) for comparable merchandise
that differ significantly among purchasers, regions, or pe-
riod of time” under 19 U.S.C. § 1677f-1(d)(1)(B)(i). We
grant the motion, consistent with ordinary practice when
an agency has materially changed the policy directly at is-
sue in the case, mooting the specific dispute presented on
appeal. See, e.g., SKF USA Inc. v. United States, 254 F.3d
1022 (Fed. Cir. 2001). Commerce should have the oppor-
tunity to set forth an alternative policy analysis, which
may then be subject to judicial review.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion is granted. The judgment of the Court
of International Trade is vacated, and the case is remanded
to the Court of International Trade, which shall further re-
mand the matter to the Department of Commerce.
(2) Each side shall bear its own costs.
(3) Any petition for rehearing must be filed no later
than 14 days from the date of this order.
December 2, 2025
Date
FOR THE COURT
Case: 24-1556 Document: 99 Page: 2 Filed: 12/02/2025

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