DOJ Cites Key CAFC Opinion in Case Involving China-Wide AFA Rate in Antidumping Case
The Department of Justice invoked a recent U.S. Court of Appeals for the Federal Circuit opinion in an antidumping case involving a country-wide rate for a non-market economy, according to a June 28 notice of supplemental authority in the Court…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
of International Trade. In the case, the China Manufacturers Alliance and Shanghai Huayi Group Corporation said that Commerce determined a country-wide antidumping rate without providing the legal basis for doing so in an antidumping investigation of truck and bus tires from China (Guizhou Tyre Co., Ltd. et al. v. United States, CIT #19-00031). But in China Manufacturers Alliance, LLC v. United States, decided on June 10, the Federal Circuit said that Commerce can assign a China-wide rate “by the very means in which Commerce did in this investigation,” DOJ said. The decision showed that Commerce's China-wide rate is an individually investigated rate (see 2106100044).