Trade Court Remands Separate Rate, Government Control Positions in AD Investigation
The Court of International Trade remanded the Commerce Department's final results in the antidumping duty investigation of truck and bus tires from China in a Jan. 24 opinion. The two groups of plaintiffs are represented by two Chinese exporters, Guizhou Tyre and Double Coin Holdings. Judge Timothy Stanceu sent the case back to Commerce so the agency can reconsider its decision not to grant separate rate status to these plaintiffs along with its position that Guizhou failed to rebut the presumption of control by the Chinese government.
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Guizhou Tyre also claimed that the AD order was invalid when issued since there was no affirmative injury determination in effect at that time. It said that Commerce should have waited until litigation ended at CIT over the final injury finding, which ended in the court affirming a positive injury finding. Stanceu said the court "intends to order Commerce" to tell CBP to liquidate entries brought in before the end of litigation to not be assessed AD duties and refund all cash deposits for the entries.