Federal Circuit Says Exporter Owned by Labor Union Not Entitled to Separate AD Rate

The U.S. Court of Appeals for the Federal Circuit upheld the Commerce Department's decision that antidumping respondent Zhejiang Machinery Import & Export Corp. was not entitled to a separate duty rate in the 2016-17 administrative review of the AD order on tapered roller bearings from China since the company did not rebut the presumption of de facto state control. Judges Sharon Prost, Jimmie Reyna and Todd Hughes ruled the decision was reasonable since a labor union, which is affiliated with the Chinese government, is the majority shareholder of Zhejiang "and has overlapping membership with the employee stock-ownership committee."