GDLSK: Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
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GDLSK Disproves Allegations of Fraud and Successfully Defends 0% ADD Rate on Chinese Tires

In April 2020, GDLSK obtained a 0% ADD Rate on passenger vehicle and light truck tires (PVLT) from China, that entered the United States between 2017-18. The Petitioner subsequently alleged that the exporter had submitted fraudulent information. The Department of Commerce (DOC) requested and obtained authorization to review this fraud allegation in the context of an ongoing appeal in the Court of International Trade (CIT) brought by a separate PVLT exporter challenging the DOC’s 2017-18 review.

GDLSK intervened in the litigation and submitted massive amounts of information to the DOC to rebut the allegation of wrongdoing. Although Petitioner objected vigorously and claimed that the exporter committed fraud, the DOC issued its remand determination in April 2022 and reconfirmed that the 0% ADD rate was proper. The CIT concurred with the DOC and upheld the 0% ADD rate. https://www.cit.uscourts.gov/sites/cit/files/23-38.pdf

This CIT decision is a demonstration that GDLSK is uniquely situated to achieve favorable outcomes where, as was the case in this situation, there is an intersection of Customs and Trade law coupled with the complexities of litigating in the CIT.

Should you have questions about this matter, please contact GDLSK Partners Ned Marshak at [email protected] or Brandon Petelin at [email protected].

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