CIT Grants Injunction of Liquidation in Korea Diamond Sawblades

In 2006, the International Trade Administration published a determination of dumping margins in the less-than-fair-value investigation of diamond saw blades and parts thereof from Korea; however, the order was recently revoked in an ITA section 129 determination, due to an adverse panel report from the World Trade Organization on the use of zeroing in the ITA’s calculations (zeroing is omitting non-dumped sales from the overall margin calculation). Despite this, the Court of International Trade agreed with the Diamond Sawblades Manufacturers’ Coalition that domestic producers risked irreversible damage from Korean entries, and that they had some likelihood of success in their litigation over the ITA’s methods in the investigation. Accordingly, the court granted an injunction to delay liquidation of entries of Korean diamond saw blades, for which liquidation has been suspended since January 23, 2009. (Slip Op. 11-137, dated 11/03/11)

(See ITT’s Online Archives 11102822 for summary of ITA’s Section 129 determination on diamond sawblades and parts from Korea, which revoked the order effective October 24, 2011, but continued to suspend liquidation at zero rates due to this litigation.)