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Court of International Trade Determines US Trade Commission Findings in Two Areas Are Not Supported by Substantial Evidence

Court of International Trade Determines US Trade Commission Findings in Two Areas Are Not Supported by Substantial Evidence

On 1 November 2018, the US Court of International Trade (CIT) announced that they were sustaining in part and remanding in part the U.S. International Trade Commission’s (ITC) final negative material injury determination in the antidumping and countervailing duty investigations of truck and bus tires from the People’s Republic of China.

The USW had lodged an appeal to the CIT regarding the ITC's final determination to not enact anti-dumping duties as high as 22.57% and countervailing duties as high as 65.46% on Chinese truck and bus tires.

The CIT concluded that:

1) The ITC's negative adverse price effects determination is not supported by substantial evidence.
2) The ITC's negative threat determination is not supported by substantial evidence.

Therefore, the CIT remanded the ITC's final determination for reconsideration consistent with their opinion. 

The CIT also ordered that:

1) The ITC shall file its remand redetermination on or before January 4, 2019
2) The ITC shall file the administrative record on remand on or before January 18, 2019
3) The Parties shall file any comments on the remand redetermination on or before February 4, 2019
4) The Parties shall file replies to the comments on or before March 6, 2019
5) And that the joint appendix shall be filed on or before March 20, 2019. 

The full opinion and order from the CIT can be viewed here: https://www.cit.uscourts.gov/SlipOpinions/Slip_op18/18-151.pdf

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