CIT Sustains Exclusion of Certain Engines From Chinese AD/CVD Orders

The Court of International Trade on Oct. 2 sustained the Commerce Department's scope ruling made on remand excluding engines with horizontal crankshafts from the antidumping and countervailing duty orders on vertical shaft engines between 99cc and up to 225cc from China.

Judge Jennifer Choe-Groves said Commerce "complied with the Court's remand order" in finding that engines made by Chongqing Rato Technology Co. were properly excluded from the orders.

The suit was brought by exporter Zhejiang Amerisun Technology Co. to contest a scope ruling originally including its "modified vertical shaft engines" under the scope of the orders. The exporter said its goods should be excluded since they have horizontal crankshafts (see 2404110027). On remand, the agency reversed its position, though it continued to refer to Zhejiang's engines as "modified vertical shaft engines."

The U.S. said in response that "Commerce's choice of terminology does not undermine its determination that the" engines were outside the scope of the orders. Choe-Groves didn't address this point directly but sustained the remand results.

(Zhejiang Amerisun Technology Co. v. United States, Slip Op. 24-104, CIT # 23-00011, dated 10/02/24; Judge: Jennifer Choe-Groves; Attorneys: Brittney Powell of Fox Rothschild for plaintiff Zhejiang Amerisun Technology Co.; Claudia Burke for defendant U.S. government)