Commerce Hits Tire Exporter With China-Wide Rate After CIT Opinion Affirming State Control Finding
The Commerce Department assigned exporter Double Coin Holdings the 105.31% China-wide dumping rate in its June 15 remand results filed in a suit on an administrative review of the antidumping duty order on off-the-road tires from China. The trade court previously remanded the case so that Commerce could hit the company with the China-wide rate after finding that Double Coin failed to rebut the presumption of government control (China Manufacturing Alliance v. United States, CIT # 15-00124).
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In the case, the trade court originally said Commerce had to set Double Coin's margin using only its own information, despite the fact that the company did not rebut the presumption of state control. This decision was reversed by the Federal Circuit which said that Commerce can use the country-wide rate on a fully cooperative respondent that fails to rebut the control presumption.
In May, CIT remanded the case so that Commerce could use the China-wide rate on the exporter as it did in the expiring review after confirming the agency's finding that Double Coin was owned by the government (see 2305160083). "Accordingly, in compliance with the CIT’s Remand Order and Federal Circuit’s determination in China Mfr. Alliance IV, we determine the China-wide rate of 105.31 percent to be the final dumping margin applicable to Double Coin," the remand results said.