Diamond Sawblades Manufacturers Coalition v. United States

In response to a 2005 petition (19 U.S.C. 1673), the Department of Commerce found that diamond sawblades from China were likely sold in the U.S. at less than fair value. For non-market economy (NME) countries, Commerce begins with a rebuttable presumption that all companies within the country are subject to government control and assigns a single antidumping duty rate unless an exporter can demonstrate that it is sufficiently independent. Commerce concluded that ATM qualified for a separate rate of 2.50%. The Trade Court remanded twice. Commerce then concluded that ATM had failed to rebut the presumption of government control, finding that a Chinese government agency controlled one of five ATM entities. The Trade Court and Federal Circuit affirmed in 2013. Commerce conducted its first administrative review before those decisions and found that ATM qualified for a separate rate of 0.15%. On remand, Commerce concluded that ATM did not qualify for a separate rate The China-wide entity rate was then 164.09%. Commerce recalculated that rate—which would apply to ATM and all other members of the China-wide entity—by averaging the previously assigned China-wide rate and the ATM rate, arriving at an entity-wide rate of 82.12%. The Trade Court and Federal Circuit affirmed. Despite ATM’s cooperation with Commerce, it failed to prove independence from government control. View "Diamond Sawblades Manufacturers Coalition v. United States" on Justia Law