CIT Upholds Commerce's Use of China-Wide Rate on Tire Exporter in AD Review
The Court of International Trade in a July 19 opinion upheld the Commerce Department's decision to assign exporter Double Coin Holdings the 105.31% China-wide antidumping duty rate in an administrative review of the AD order on off-the-road tires from China. Judge Timothy Stanceu said the decision complies with the court's previous decision finding that Double Coin did not rebut the presumption of Chinese state control over its export activities. No parties commented on the remand results.
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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 U.S. Court of Appeals for 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).
(China Manufacturers Alliance v. United States, Slip Op. 23-105, CIT Consol. #15-00124, dated 07/19/23; Judge: Timothy Stanceu; Attorneys: Daniel Porter of Curtis Mallet-Prevost for plaintiffs Double Coin and China Manufacturers Alliance; Ned Marshak of Grunfeld Desiderio for consolidated plaintiff Guizhou Tyre Co.; and John Todor for defendant U.S. government)