Trade Court Upholds AD Review of Off-Road Tires From China on Second Remand

The Court of International Trade on May 18 upheld the Commerce Department's denial of separate rate status to Chinese exporters Guizhou Tyre Import and Export (GTC) and Aeolus Tyre and the agency's assignment of the "China-wide" AD rate of 105.31% in an antidumping review on off-road tires from China. Judge Timothy Stanceu ruled that Commerce's methodology "exists apart from the provisions in the Tariff Act and regulations," and there was no statutory language, legislative history or regulatory language to lead the court to conclude that Commerce's methodology was unreasonable. The court also recognized Commerce's discretion to "draw reasonable inferences" from evidence on the record, the judge said.