CIT Says Commerce Properly Halved Separate AD Rate in Review of Diamond Sawblades
The Court of International Trade in a July 12 opinion upheld the Commerce Department's decision on voluntary remand to slash from 82.05% to 41.03% the antidumping duty rate for the separate rate respondents in the 2016-17 review on diamond sawblades from China. The case had been stayed pending the resolution of a case on the previous administrative review, Bosun Tools Co. v. U.S., in which the U.S. Court of Appeals for the Federal Circuit affirmed Commerce's move to similarly cut the separate rate.
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In Bosun, the trade court told Commerce to reconsider the adverse facts available rate given to the mandatory respondents that were found to be non-cooperative and subject to the 82.05% rate. The agency then dropped the rate to 41.03%, leading to a change for the separate rate as well. Given this outcome, Commerce requested a remand in the present proceeding to make the same change.
Judge Claire Kelly said the move was "reasonable" and complies with the court's remand order. The plaintiffs, led by Danyang Weiwang Tools Manufacturing Co., did not contest the rate cut, and the petitioner, Diamond Sawblades Manufacturers' Coalition, did not file comments.
Daniel Pickard, counsel for the petitioner, said in an email that the outcome leads to "another positive outcome for the domestic industry" since the imports covered remain subject to "significant antidumping duties." He said the AD order "continues to provide meaningful relief to the U.S. manufacturers of diamond sawblades," adding "that the Court’s decision affects imports that entered the United States in 2016 and 2017 and currently the vast majority of Chinese diamond sawblades are subject to the 82.05% rate." The present decision did not affect the current separate rate, Pickard said.
(Danyang Weiwang Tools Manufacturing Co. v. U.S., Slip Op. 23-100, CIT # 19-00006, dated 07/12/23; Judge: Claire Kelly; Attorneys: Brittney Powell of Fox Rothschild for plaintiffs led by Danyang Weiwang Tools Manufacturing Co.; Franklin White for defendant U.S. government; Daniel Pickard of Buchanan Ingersoll for defendant-intervenor Diamond Sawblades Manufacturers' Coalition)