Anti-Dumping Duty Can't Touch Bearing Imports, CIT Says
Resource from: law360 Likes:252
Dec 25,2015
The U.S. Court of International Trade on Monday held that roller bearings made in China and finished in Thailand by Chinese manufacturer Changshan Peer Bearing Co. are not subject to an anti-dumping duty order because they do not qualify as Chinese goods.
Chief Judge Timothy C. Stanceu approved a revised remand redetermination issued by the International Trade Administration after rejecting an earlier version in a dispute over the 21st U.S. Department of Commerce administrative review of an anti-dumping duty order on tapered roller bearings and related parts imported from China between June 1, 2007, and May 31, 2008.
The CIT previously contested the final results of Commerce’s review and its original remand redetermination, challenging the agency’s findings that the finished products were not substantially transformed by the production in Thailand. Before reversing course, the Commerce Department initially concluded that the character of the bearings was determined during their manufacture in China, not during the finishing process in Thailand, according to court documents.
“The court affirms the second remand redetermination because it is based on a reasonable, rather than expansive, construction of the scope of the order and because the ultimate finding that the bearings at issue are not within the scope of the order is supported by substantial evidence on the administrative record,” Judge Stanceu said.
The dispute arose from two consolidated challenges to the January 2010 order — one from Ohio-based Timken Co. and the other from Chinese competitor Peer Bearing Company-Changshan, which became Changshan Peer Bearing Co. Ltd. after a subsequent acquisition, and its affiliated American reseller, Peer Bearing Co. Peer Bearing contested the Commerce Department’s initial country of origin determination, saying the parts were not Chinese imports, court documents show.
Commerce had sought to classify the bearings as subject to the anti-dumping order, according to the metrics of its “substantial transformation” test. The agency relied on the test to determine whether the grinding and honing of unfinished, Chinese-origin parts and the assembly of finished products using those parts at a Peer Bearing affiliate in Thailand constituted Thai provenance.
According to Monday’s opinion, the CIT sent the department back to the drawing board, and the agency filed the updated remand redetermination in April 2014, determining under protest that the bearings were not subject merchandise over objections from Timken.
Representatives for the parties and counsel for Timken did not respond to requests for comment Tuesday. Counsel for Peer Bearing declined comment. The Department of Justice does not comment on pending litigation.
Peer Bearing Company-Changshan is represented by John M. Gurley and Diana Dimitriuc Quaia of Arent Fox LLP.
Timken is represented by William A. Fennell and Terence P. Stewart of Stewart & Stewart.
The U.S. is represented by L. Misha Preheim of the U.S. Department of Justice.
The case is Peer Bearing Company Changshan v. U.S. and The Timken Company, case number 11-00013, in the U.S. Court of International Trade.
(law360)
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1.The news above mentioned with detailed source are from internet.We are trying our best to assure they are accurate ,timely and safe so as to let bearing users and sellers read more related info.However, it doesn't mean we agree with any point of view referred in above contents and we are not responsible for the authenticity. If you want to publish the news,please note the source and you will be legally responsible for the news published.
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