Pirelli Agrees With Commerce's Decision to Partially Drop Chinese Gov't Control Finding in AD Case

Tire exporter Pirelli Tyre signed off on the Commerce Department's remand results in an antidumping duty case that said the company properly showed that it wasn't under Chinese government control for the first 10 months of an AD review period. Pirelli, a consolidated plaintiff in the AD action, sued to contest Commerce's failure to make this determination (Qingdao Sentury Tire Co. v. U.S., CIT Consol. #18-00079).

The case concerns the administrative review of the AD order on passenger vehicle and light truck tires from China, covering the period Jan. 27, 2015, to July 31, 2016. In the underlying review, Commerce denied Pirelli's application for separate rate status because the company failed to rebut the presumption of de facto control by the Chinese government. This was due to Chinese company Chem China purchasing Pirelli in the middle of the review period. The purchase took place Oct. 20, 2015.

Following a first remand order, Pirelli applied for a partial separate rate status for the first 10 months of the review when it was an Italian company. Although Commerce denied this request, the court remanded the case so that Commerce could conduct this review. On remand, Commerce said that Pirelli was not de facto controlled by the Chinese government for that time period (see 2112060028).

"Pirelli finds that Commerce’s Third Remand Results accurately reflect the information submitted by Pirelli during the remand proceeding, and that the conclusion rendered by Commerce is supported by substantive evidence and in accordance with the law," the brief said. "Pirelli also agrees with the new separate rate set forth in the Third Remand Results."