Tire Exporters Point to Recent CIT Decision in Vying for Separate Rate in AD Review

Tire exporters YC Rubber Co. and Sutong Tire Resources alerted the Court of International Trade to a separate CIT decision affirming the Commerce Department's finding that the mandatory respondent in an antidumping duty review remained eligible for a separate rate "despite its unwilligness to participate in the administrative review" (YC Rubber Co. (North America) v. United States, CIT # 19-00069).

On remand in American Manufacturers of Multilayered Wood Flooring v. U.S., Commerce reevaluated exporter Jinlong's separate-rate eligibility and found it "so eligible, and set a duty based on" adverse facts available (see 2402080046). This litigation is "now final, was not appealed" and that the U.S. "emphasized the lack of finality existing when its comments were filed."

YC Rubber Co. and Sutong said they "intend to discuss" the opinion and other AD reviews recently issued by Commerce during oral argument on May 16.

The case concerns the second review of the AD order on passenger vehicle and light truck tires from China. Most recently, Commerce on remand picked a second mandatory respondent after the U.S. Court of Appeals for the Federal Circuit said it can't use just one where multiple respondents requested review (see 2404040045).