CIT Grants Commerce's Remand Request Over Separate Rate in Diamond Sawblades AD Review Case
The Court of International Trade in a Jan. 13 order granted the Commerce Department's voluntary remand request in an antidumping duty case. Commerce wanted the remand period to review the non-selected respondents' rate in an AD review since the rate was based on the prior administrative review's rate, which was changed after separate litigation at the trade court (Danyang Weiwang Tools Manufacturing Co. v. U.S., CIT # 19-00006).
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The case concerns the eighth administrative review of the AD order on diamond sawblades from China in which the non-selected respondents' rate was originally set at 82.05% based on the non-selected respondents' rate in the seventh AD review. This rate was challenged in Bosun Tools Co. v. U.S. at CIT, after which the rate was dropped to 41.03%.
Commerce asked for a remand in the present action, brought by separate rate respondents led by Danyang Weiwang Tools Manufacturing Co., to consider what effect the Bosun Tools case had on the separate rate. "We do so without confessing error," the agency said. "That is because Bosun Tools does not necessarily implicate the broader statutory question of whether Commerce can pull forward a separate rate utilized in a prior administrative review, which is the primary legal question at issue here. Bosun Tools merely changed the underlying rate that Commerce pulled forward."