Communications Litigation Today was a Warren News publication.

CIT Says Tire Exporter Failed to Rebut Presumption of Chinese State Control

The Commerce Department legally found that exporter Double Coin Holdings failed to rebut the presumption of government control when it levied a 105.31% China-wide rate in the fifth administrative review of the antidumping duty order on off-the-road tires from China, the Court of International Trade ruled. Judge Timothy Stanceu said that absent a statute or regulation governing the presumption of government control in AD cases, "the court lacks a basis to conclude that Commerce acted contrary to law in exercising its broad discretion" by centering its analysis on how Double Coin's government-owned majority shareholder influences the selection and supervision of management.