Commerce Says AD Respondent Accurately Reported US Sales Data on Remand at CIT

The Commerce Department on remand at the Court of International Trade found that antidumping duty review respondent Shandong New Continent Tire accurately reported its U.S. sales prices and affiliated parties. After voluntarily requesting the remand, Commerce said it was able to verify New Continent's U.S. prices and affiliations in the highly redacted remand results (Pirelli Tyre v. U.S., CIT #20-00115).

The case involves the 2017-18 administrative review of the antidumping duty order on passenger vehicle and light truck tires from China and was brought by Pirelli Tyre, which had received the all-others rate in the review. The review tapped New Continent as the mandatory respondent, finding a zero percent dumping margin for the exporter. Following the review, CBP alerted Commerce to inaccuracies in New Continent's reported sales prices on imports of the covered tires (see 2107260023).

Pirelli didn't consent to Commerce's voluntary remand bid. The plaintiff argued that since New Continent's calculated rate has nothing to do with Pirelli, it need not be considered in Pirelli's case (see 2108090031). The court disagreed, finding the scope of the remand request was valid since calculating New Continent's rate as the sole mandatory respondent could be relevant if Pirelli were to succeed in the case (see 2109200047).

On remand, Commerce said New Continent accurately reported its sales information in the review. As a result, the agency said it won't adjust the weighted-average dumping margin for New Continent or the rate for the non-individually examined respondents eligible for a separate rate. The remand also said New Continent's U.S. customers -- unnamed companies in the remand -- aren't affiliated with the respondent.