US Asks CIT to Sustain Now-Uncontested Scope Ruling on Engines With Horizontal Crankshafts

Because no party now opposes the results of a remanded scope ruling on engines with horizontal crankshafts from China, the government asked the Court of International Trade on July 18 to sustain the ruling (Zhejiang Amerisun Technology Co. v. U.S., CIT # 23-00011).

Exporter Zhejiang Amerisun Technology Co., brought its claim in 2023 asking the trade court to overturn a Commerce Department ruling that its engines were covered by antidumping and countervailing duty orders on Chinese-origin vertical shaft engines. Zhejiang argued, ultimately successfully (see 2404110027), that its “modified vertical shaft engines,” as Commerce described them, weren’t covered by the orders because they have horizontal crankshafts (see 2404110027).

On remand, the department “reconsidered the record evidence” and reversed its position, the government said. It noted that Zhejiang -- while supporting the result -- disagreed in comments with the department's continued representation of its engines as “modified vertical shaft engines” but explained that Commerce addressed this concern in its remand redetermination by clarifying that it did so “to ensure administrative consistency with the underlying scope inquiry and final scope ruling.” The department actually considered them simply to be “certain engines” for the redetermination itself, it said.

“Commerce’s choice of terminology does not undermine its ultimate determination before the Court that the engines in question are outside the scope of the Orders, as Zhejiang Amerisun acknowledges,” it said. “Accordingly, as no party opposes Commerce’s remand redetermination and as it is consistent with the Court’s Remand Order, this Court should sustain the remand redetermination.”