CIT Sends Back Case After CAFC Decision Requiring More Than 1 AD Respondent
The Court of International Trade in a Feb. 2 order remanded the Commerce Department's final results in the second administrative review of the antidumping duty order on passenger vehicle and light truck tires from China, pursuant to the U.S. Court of Appeals for the Federal Circuit's mandate in the case (YC Rubber Co. (North America) v. United States, CIT # 19-00069).
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In an August 2022 decision, the appellate court said that Commerce cannot use only one respondent in an AD proceeding where multiple exporters have requested a review, finding that doing so cuts against the statute's unambiguous language (see 2208290026). The Federal Circuit issued its mandate after the U.S. failed to file a rehearing motion.
Back at the trade court, Judge Mark Barnett gave Commerce until July 31 to file its remand results, also telling the parties to file a joint status report and proposed briefing schedule for post-remand comments by Aug. 28.