CAFC Issues Mandate After Rejecting Exporter's Claim of Freedom From Chinese State Control
The U.S. Court of Appeals for the Federal Circuit issued its mandate on April 4 after issuing a decision finding that the Commerce Department's third factor for assessing a foreign government's de facto control over an exporter, which addresses the…
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selection of management, doesn't require a link to export activities. The appellate court also said Commerce properly requires separate rate respondents to "carry a burden of persuasion to justify a separate rate," rejecting exporter Pirelli Tyre Co.'s claim that the agency shouldn't have conflated a rebuttable presumption with a requirement to carry a burden of persuasion (see 2502110030). The court found that Pirelli didn't rebut the presumption of foreign state control in the 2017-18 review of the antidumping duty order on passenger vehicle and light truck tires from China (Pirelli Tyre Co. v. United States, Fed. Cir. # 23-2266).