CIT Sends Back Commerce's AD Respondent Picks in Confidential Decision
The Court of International Trade sustained in part and remanded in part the Commerce Department's second remand results in a suit on the 2016-17 review of the antidumping duty order on passenger vehicle and light truck tires from China in a confidential May 21 order. Judge Mark Barnett sent back Commerce's selection of exporter Shandong Linglong Tyre as a mandatory respondent and the agency's decision to rescind Linglong's separate-rate status (YC Rubber Co. (North America) v. United States, CIT Consol. # 19-00069).
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In a letter, Barnett gave the parties until May 28 to review the confidential information in the decision.
Commerce initially selected only one respondent in the review, though the U.S. Court of Appeals for the Federal Circuit remanded this decision, finding that the agency must use more than one respondent where multiple companies request a review (see 2208290026). CIT remanded the case after the second respondent Commerce had chosen withdrew from participation.
The trade court questioned Commerce's methodology for picking the second respondent, which limited the selection to companies with suspended entries and ranked the firms based on their overall import volumes. Barnett previously took issue with the exclusion of Linglong, also remanding the suit on the grounds that the four separate rate applicants were prematurely denied separate rates.
On remand, Commerce picked Mayrun Tyre (Hong Kong), Shandong Hengyu Science & Technology, Winrun Tyre, Shandong Wanda Boto Tyre Co. and Linglong as mandatory respondents, assigning all of them the China-wide rate of 87.99% (see 2410290027).