The Quagmire

The Quagmire describes my mind -- full of random bits of things all stuck together -- these things may include, but are not limited to: music, television, movies, writing, sports, technology, reading, theatre, politics, religion, sports, and whatever other ramblings and rantings that comes to mind.

Friday, 6 November 2009

Nucor Suffers Crushing Defeat

This blog has moved to http://quagmire.darsys.net

The good, fantastic, thrilling news is that Nucor, thanks to our industry's objections, had their complaint voted down 6-0 so there is no immediate effect. We Twittered and posted on our Facebook account earlier today. The official ruling may be read here

Why did they lose? I don't know. However a 6-0 decision against them is a crushing, extraordinarily rare ruling. It may be the panel figured out their filing was sloppy as hell (including many companies not involved in the business of bolts and nuts were included on both sides), maybe they didn't like Nucor's lawyering wherein they made totally false statements as to certain facts. They certainly didn't believe Nucor and a 6-0 defeat is indicative of that.

The bad news is that Nucor gets a chance to appeal to the Internation Trade Comission Court. That takes 8 to 12 months. That organization can either dismiss it and it's dead or they can remand it back and say the ITC has to reconsider it. That's rare. The ITC then can affirm its decision or (even rarer) overturn itself. That's like getting a politician to say "I was wrong" -- unlikely.

At some point, Nucor will refile an amended complaint, assumedly with a law firm that conducts better research. It's expected that complaint will only cover Grades 5, 8, A325, and A490 hex machine bolts )woth matching nuts of course) because they have a case on some of those items. That one will likely pass -- possibly with the grade 5 bolts stricken from the list -- but this will be nearly two years down the road.

This is a HUGE defeat for Nucor and will keep thousands of American people working in their jobs in our industry. On behalf of my company, we want to thank the many people who offered their support and encouragement. We further want to thank those who took the time to complain or otherwise make their feelings known with the USDOC and ITC. This is a service to American workers and American industry. It's really a shame Nucor saw otherwise.

I do not hate Nucor despite some people's claims. I just don't like them or how they do business. And as one of the people at my company who can make a decision to not buy from a company, we didn't buy from Nucor and we will continue to not buy from Nucor. We buy from Infasco, happily. Nicer people, nicer attitude, and excellent quality. Customer service does matter. If Nucor learned that, they might not be in the position they are in now. This case proves they still don't get it. The customer is always right even when he isn't.

(And I have received so far eight congratulatory phone calls thanking me for my tireless work. I'm pleased but I don't need the credit. This was a group effort. An industry that hates each other came together as a group to fight this. This is a rare time when the system worked. Friends and family got involved too.)

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Monday, 19 October 2009

A Long, Long Personal Nucor Rant

This blog has moved to http://quagmire.darsys.net

Let's start with some social injustice commentary. A Louisiana judge recently refused to issue a marriage license to a couple because one was black and one was white. His claim was the children would suffer because they were bi-racial, and he claims he's turned couples down for this before. There was quite an outcry as one would rightly imagine. Jack Cafferty of CNN has an interesting column on it. Now, for the commentary I would direct you to the comments on his column. Most people are upset and calling for the judge's head. A few are defending the state of Louisiana and saying not everyone there is like that. And, as one might guess, a few people are defending the guy. Which is sad, but makes for some wildly entertaining reading. My favourite comment is: It's good of him to look out for those biracial children. You know how they turn out. Grow up go to Harvard and become the President of the United States.

The following post are my personal views and do not necessarily express those of my company.

I have written and asked for permission to post the whole article from American Metal Market, by Corinna Petry, but in the meantime here's a small excerpt. Only registered, paid members can read the whole article.

CHICAGO -- The U.S. Commerce Department has agreed to initiate anti-dumping and countervailing duty investigations on fasteners from China and Taiwan, based on petitions filed last month by Nucor Fastener. At least 19 American importers of fasteners from China and Taiwan-companies with operations in 14 states from Florida to Oregon have written letters to protest Nucor's petition.

A letter from Interstate Screw Corp., Hialeah, Fla., argues that "first and foremost Nucor has made their claim against parts that they do not make, never made and cannot make. That is absurd. That would be like Ford Motor Co. filing a complaint against China for selling bicycles too cheap." At most, Nucor's claim should cover only the parts they actually make, the company said.
 

Trade attorney Price claimed that "a foreign producer of fasteners contacted all the American importers and coached them to write these letters. This type of process taints the ability of the ITC to gather accurate data in the respondent questionnaires."

That's a short excerpt, and Mr. Price's statement as written leads one to believe specifically that our letter was written as a result of said contact from a foreign producer. First, the foreign producer sent letters to their customers, not "all the American importers" -- that's a disconnect of many thousands of companies. What he says is wrong. Period. It's a lie. It is contrary to the facts. I can prove that and I will, but not to him.

Here's an excerpt from his statement in the official hearing transcript. Unfortunately, many of the questionnaires that have been submitted to this Commission may have been tainted by a well organized effort by a Taiwanese producer.  We know that written bullet points were circulated to importers by e-mail by a Taiwanese producer along with a suggestion, to quote it, "Don't trust U.S. Government officials to think this through properly." Copies of this transcript, and indeed all the filings to date, are available by e-mailing me at my work address. I will gladly send them to anyone who writes and asks. Lots of large files (PDF and DOC).

I sent Mister Price an email this morning. He wrote to the AMM people with a CC to me. It wasn't an apology. It wasn't even an acknowledgement his law firm is sloppier than Good Memphis BBQ. He's in lawyer mode for sure.  Because I am clearly a better man than he is, I won't post his e-mail here. I have manners. But I can post parts of mine here.

Dear Mr Price:

I am responding individually and not on behalf of my company. First, you’re absolutely right: I don’t like Nucor’s way of doing business, and if it makes you feel any better I don’t like you either. I have lots of attorney friends and there’s those few that give the whole lot a bad name. That, sir, is you. How’s that for an opening?

The bottom line is you made a 100% false claim in a national publication because you didn’t bother to check the facts. It speaks to the sloppy research your law firm conducted in the initial filing (you include foreign companies that make only screws and nothing you’re filing against and also include American companies that import nothing you are claiming against.). Sloppy, inaccurate work. In the age of the Internet where you could have checked it all easily, that’s embarrassing to you and your company.

The complaint you filed for Nucor on Wed 23 Sept is a direct attack on our industry and the jobs in our industry. A Nucor job is not worth any more than an Interstate job or any other job in our industry, though based on the filing, they certainly seem to feel that way.

I was incensed by the filing which I received a copy from a US Citizen (A good ole’ southern boy to be exact) on Thursday 24 September. I wrote my letter over the weekend and sent it 29 September 2009. The UPS tracking number, sir, is 1Z3461291349894977, so I’m not quite sure where or when you think some foreign entity contacted me and had me write a letter. [The letter to which he refers is dated after my letter was already delivered.]

Your implication that anyone other than myself had anything to do with my letter is absolutely insulting. You and the magazine were given a chance to apologize for the error. The magazine did and you didn’t. It speaks to your character, sir. A gentleman, sir, owns up to his mistakes and apologizes. The fact you didn’t speaks volumes.

To be clear, when I found out about this absurd filing, I personally called my local competitors – and let me tell you we don’t usually get along well -- and solicited their thoughts. I also encouraged them to write in. I also emailed all of my affected overseas vendors to make sure they were aware of what Nucor was trying to do.

Sincerely,
Eric Seiden

PS: To the staff of AMM; I appreciate your absolute professionalism and courteousness throughout this matter. I have nothing else to say to Mr Price, but since he sent this to all of you, I thought it best that I do the same. Our company will also have a formal response to Mr Price, but that will be delivered to the ITC and USDOC prior to their decision.



Mr. Price is a piece of work. Personally, I'm done with him unless he provokes me further. As a corporation, a very professional letter providing documented facts will be delivered to the people involved in this proceeding. It's important they know what sort of person Mr. Price is. They are relying on the testimony of a man who shown he has little regard for fact checking. His statements and documentation prove that. Sloppy and lazy through and through. I'm glad Nucor's hired him: they deserve each other.

Mr. Price is fighting for his share of the nearly one million dollars Nucor's paying his firm (http://tinyurl.com/ygnrdsc <-- see that's a fact check, Mister Price) where as I am fighting for the jobs of my employees, my colleagues, and, of course, the future of our company.

Mr. Price points out that (A) he reads my blog and (B) I've got it in for Nucor. I dislike Nucor. I've said that repeatedly. I've made no effort to hide that, though he seems to think I have. He doesn't know me well enough to know, if I don't like someone, I don't make an effort to hide it. However, this fight is, specifically, against the unwarranted petition Nucor filed. If I loved them to death, I'd still have filed the same exact objection. I suppose that large sum of money has clouded Mr. Price's ability to deal with logic and common sense. Business is business and my job as a business owner is to protect my business and my employees. My personal feelings aren't what makes a decision, but if I get to feel a little better as a side bonus, good for me. I do business every day with people I don't like -- including one of Nucor's principal opponents in this matter. Barry Porteous is one of my least favourite people in the industry because he's a hypocrite, but we buy from his company in spite of it, because my job is to run my business regardless of my personal feelings -- and whatever I think of him, PFC is a good vendor most of the time. That, Mister Price, they don't teach in Law School. It's how one was brought up: it's called doing the right thing. I am just ever so pleased you told me you read my blog because I am enjoying this.

Lastly, the letter from IFI Morgan, it amuses me. A number of those words are my words in the letter I sent to them (and other vendors). They added and changed some things and sent it out to their customers. Why? They're defending their business as any good business owner would. Good for them. 

I will go on with my life and after my final corporate objection, I'm done. Until the NIFS/West show where Nucor will have a booth. Where I will very likely give them a piece of my mind. I can't believe they're dumb enough to actually show up at a show full of people who will be fresh off the decision of the ITC. They're asking for the large number of lectures they are sure to get. Formal boycotts are still legal as a means of protest. Boy, this could be fun. And judging by the number of people I've spoken to, I bet it would cost them far more business than they could ever hope to gain. I'll have to think about that because I have to do that as an individual.

Special thanks to my various friends who are attorneys who helped me with the Nucor posts. There are good attorneys, friendly attorneys, and even average attorneys. But, you know, there's one in every group. World's a big place and I don't have to like everyone in it. But I'm thinking this guy and Michael Yormark would get along great. I should put them in touch.

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Wednesday, 30 September 2009

Screw You! :)

This blog has moved to http://quagmire.darsys.net

The Nucor (click for my previous Nucor articles) thing continues to escalate. I won't bore you with details of today's many inbound phone calls, but will tell you I am both flattered that I am, apparently, considered the go-to guy in the industry for answers, and irritated at the amount of work it's generated. At least it's nice to know I'm very well respected in my industry.

I've contacted both of our state's Senators requesting emergency action. Also, my complaint was received by both the US Secretary of Commerce and the ITC today. I spent nearly 6 hours today on the phone total and my ear actually hurts. All these calls had some interesting discussions. I mention this because a question repeatedly came up today: What is the difference between a screw and a bolt? The answer is easy but complex. Amazingly, very few people really know. Most websites I looked at have the wrong answer (never trust the Internet) and many of those handyman's guides have it wrong to. I've done it up in layman's terms on our webpage's Myths and Misconceptions page. I believe you'll find it interesting. And, I assure you, my answer is right.

If you work in any industry that uses BOLTS or NUTS (not screws), please consider writing your senator about this Nucor filing. The price of your parts will go up 250% within 120 days if you don't. That's not an exaggeration. A bolt that costs you $1 will cost you $2.45 on March 20th. Unless changed, all bolts and nuts sold in this country will see that happen. A 145% punitive duty is proposed. This is public record. If you need help and/or direction, contact me at my office and I will help you -- even if you're our competitor -- because this is for the good of our industry. Time is of the essence.

Many of you had spoken to me about privacy concerns with the new RFID passports. RFID is readable whether or not you want it to. Someone can stand next to you and read the data on your passport. I've referred those concerned to websites offering "Faraday Bags" (sometimes called Faraday Cage) -- these bags prevent RFID signals from being read even at close range. Many credit cards now have RFID chips. If you're on a bus, train, in line somewhere, someone with a reader can read your chip. A company called ACM now has credit card Faraday dispensers; I have not tried them, but I thought I'd let you know they exist. As an added bonus for Lost fans, now maybe you know why they gave Daniel Faraday that particular last name. (Those of you in Florida who bought the old-style SunPass units, were given a Faraday Bag with it in case you didn't want to use it and have it record tolls if you were in someone else's car. This bag will work with credit cards but is too small for passports.)

I got my new DirecTV receiver, set it up, and it worked. For five minutes. They sent it a reset signal and it's working now. However, I can't record anything yet because it won't let me record any series until it downloads the guide, which may take 24 hours. So I'll miss tomorrow's episode of Skins. I am irate. Oh well.

(And yesterday's blocked visitor has snuck in through another address. He/she must think I'm stupid.)

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Monday, 28 September 2009

It's Monday. Monday is bad. Lucy Dies.

This blog has moved to http://quagmire.darsys.net

I'll start with some sad news. One of the more memorable and famous Beatles songs, Lucy in the Sky With Diamonds, was inspired by a drawing Julian Lennon did of classmate Lucy O'Donnell. Lucy died today at age 46 from lupus.


The above is the original drawing Julian did. It resides in the Rock & Roll Hall of Fame in Cleveland, Ohio where I was fortunate enough to see it for myself. Though I don't remember it being quite so yellowed.

In good news, or at least karmic news, John Ashcroft is facing personal liability for his role in some of the more onerous terror policies of the Bush administration that violated the Constitution.  This is how it should be. The Constitution is there to be respected and followed, not ignored at one individual's convenience.

Special kudos to Hugh Jackman for stopping in the middle of a play to chide an assshole who didn't turn of his mobile phone. If you're in a theatre (plays, concerts, movies, whatever), turn off your mobile phone. The rest of us really hate you. Don't text as the light is annoying; don't leave it on vibrate either. Turn it off. Seriously. It's rude. And don't get mad when you use it and we yell and throw popcorn in your hair. Returning the rudeness is fair game. (Video of incident here.)

Lastly, more on work stuff. I'll discuss this on the corporate Facebook page, but the Nucor Steel bolt thing I've mentioned here is blowing up. They have pissed off some mighty big people and I've heard from a number of CEOs of large companies today -- being an expert can be fun sometimes. I've prepared my letter to the ITC and will send it off FedEx tomorrow. I did some serious research on it and cover myriad of points including violation of the Sherman Antitrust Act in addition to including a statement from Alan Greenspan on a related discussion. It started as five pages, but I've whittled it down to two and a half (which includes a table of products). Nucor, you suck. That's my personal opinion and in no way reflects our corporate position, which will be presented to the ITC by Thursday.

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Sunday, 23 November 2008

No More Scooter News Really

This blog has moved to http://quagmire.darsys.net

Scooter is still in hospital. All tests so far are negative and the gas is gone and she's still immobile. The vet is running additional tests in an effort find the problem. She's not comfortable at all and there's no clue as to the issue. I am expecting additional news later today, but that's all I've got now.

A rare work related item: Boeing's 787 program has been delayed due to fastener failure. Obviously I have interest in this topic. It turns out they are not installing them properly and there are gaps between the head of the fastener and the metal (see Aviation Week 11-10-08). Why is this bad? In an airplane, the play would allow the metal to flex, metal that flexed gets metal fatigue. Metal Fatigue causes failure, and failure causes planes to crash. Metal fatigue is actually small microscopic cracks the develop in airframes. They occur at pretty predictable rates which assume number of landings/takeoffs and number of air hours. They cannot account for metal flexing due to improperly installed parts (be they fasteners or something else). Thus the failure will occur before an inspection.

I saw Bolt today. Bolt was much better than I expected and was quite enjoyable though due to my circumstances the cat caused me a great distraction. It's an entirely predictable Disney film, so if you're looking for surprise, this isn't it. We saw it in 3D but that really didn't add much, so save the extra $2 and see it without the 3D. It's a little longer than your typical Disney cartoon which worked well and Bolt himself is a very loveable character, though the fat hamster steals the parts of the film in which he appears. Yay hamster.

Dave Barry's Gift Guide was in today's Herald/Fishwrapper. In other news, the exchange rate £ to $ is down to 1.47 today!

315pm Update: Dr. Child called. Scooter is still in pain but she is unable to find a cause. She's got Scooter on pain medications until this evening when they other doctor comes in. All of Scooter's blood work came back GREAT. She's in great health THEORETICALLY. Only she's not. So another night or two in hospital for Scooter :(

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