CAFC Issues Mandates in Appeals on Separate AD Rate Rejections for 3 Tire Exporters
The U.S. Court of Appeals for the Federal Circuit on June 20 issued its mandates in a pair of appeals on three exporters' challenges to the Commerce Department's decision to deny them separate rates in the 2012-13 and 2014-15 reviews…
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of the antidumping duty order on new pneumatic off-the-road tires from China (see 2504280020). The court said the exporters' claims on whether the agency can "deem decisive an exporter's failure to establish lack of state control of management selection" without more proof of state control over export activities were precluded by the appellate court's recent holding in Pirelli Tyre v. U.S. The court then said Commerce provided sufficient evidence to back its decision to reject the separate rate applications of all three companies (Guizhou Tyre Co. v. United States, Fed. Cir. # 23-2163) (China Manufacturers Alliance v. United States, Fed. Cir. # 23-2391).