DOJ Moves for Stay in Antidumping Case Involving Commerce's Use of Its Non-Market Economy Policy

The Department of Justice wants a stay in a case involving the Commerce Department's use of its non-market economy policy, arguing that issues in a related appeals court case have implications for the case in the Court of International Trade. In a May 25 motion, DOJ argued that since the Federal Circuit case, China Manufacturers Alliance, LLC v. United States, Fed. Cir. #2020-1159, deals with whether the statute authorizes Commerce to apply a China-wide rate to an exporter that failed to show freedom from government control in an antidumping investigation, the outcome of the case will "likely impact the outcome of this remand" (Jilin Forest Industry Jinqiao Flooring Group Co., Ltd., v. United States, CIT #18-00191). In the CIT case, the court remanded an antidumping investigation on multilayered wood flooring, finding that the agency's determination that Chinese exporter Jilin Forest Industry Jinqiao Flooring Group was de facto controlled by the Chinese government lacked substantial evidence (see 2104300079). The decision took issue with Commerce's application of the China-wide rate to Jilin, given that Commerce's NME policy was meant to incentivize greater compliance and Jilin fully complied with all Commerce requests.