CIT Upholds CBP's Decision to Drop Evasion Finding for Diamond Sawblade Imports on Remand

The Court of International Trade in a July 28 order upheld CBP's finding on remand that importer Diamond Tools Technology did not evade the antidumping duty order on diamond sawblades from China. The evasion finding applies to DTT's imports of diamond sawblades assembled in Thailand but made with Chinese cores and segments before Dec. 1, 2017.

The trade court previously ruled that the pre-Dec. 1, 2017, entries were consistent with the Commerce Department's past interpretation of the AD order's scope, which said Commerce finds a diamond sawblade's country of origin to be the place where the segments and cores are attached to make a finished diamond sawblade. CIT said there was no doubt as to the meaning of the scope at that time. As a result, CBP on remand said DTT did not make a "material and false statement" and so did not evade the AD order (see 2303200072).

Judge Timothy Reif upheld the remand decision, which said that, under respectful protest, DTT did not make false statements given the court's interpretation of Commerce's understanding of the scope.

(Diamond Tools Technology v. U.S., Slip Op. 23-111, CIT # 20-00060, dated 07/28/23; Judge: Timothy Reif; Attorneys: Jay Campbell of White & Case for plaintiff Diamond Tools Technology; Antonia Soares for defendant U.S. government; Daniel Pickard of Buchanan Ingersoll for defendant-intervenor Diamond Sawblades Manufacturers' Coalition)