On August 29, 2022, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed the U.S. Court of International Trade (CIT) and invalidated the U.S. Department of Commerce’s (DOC) decision to review only one company in the second administrative review of the antidumping duty (ADD) order on passenger vehicle and light truck tires (PVLT) from China: https://cafc.uscourts.gov/opinions-orders/21-1489.OPINION.8-29-2022_1996477.pdf. This win should significantly reduce the ADD liability for U.S. PVLT importers represented by GDLSK.
GDLSK represented U.S. companies whose PVLT imports from China between 2016 and 2017 were assigned an ADD rate that was calculated for the one company DOC individually examined as a “mandatory respondent,” and then assigned that rate to other Chinese exporters in the review, from whom GDLSK’s clients imported.
GDLSK argued that DOC was required by law to examine more than one company as a mandatory respondent. Although the CIT affirmed the DOC in 2021, the CAFC overturned that decision and found that DOC was required to examine more than one company. Since DOC often examines only one mandatory respondent in administrative reviews, thus relegating the other exporters in the review to that one company’s ADD rate, this ruling is expected to have far-reaching impact.