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CIT Sustains CV Duties on China Off Road Tires After Half-Decade Fight

The Court of International Trade finally sustained the Commerce Department’s 2008 final countervailing duty determination on new pneumatic off-the-road tires from China (C-570-913), bringing to an end after five years of litigation a case that at one point called into question Commerce’s ability to impose CV duties on China at all 11122210. CIT had in January accepted the constitutionality of the 2012 law authorizing CV duties on non-market economy, but remanded on more mundane issues (see 13010830). On remand, Commerce lowered TUTRIC’s CV duty rate from 6.85% to 3.93%. The court found Commerce adequately explained its reasoning, and accepted the results despite challenges from both domestic industry and Chinese exporters.

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(GPX Int’l Tire Corp. v. U.S., Sliup Op. 13-132, dated 10/30/13, Judge Restani)