CIT Sustains Decision to Pick Second Mandatory Respondent in AD Review

The Court of International Trade in a June 18 opinion made public June 26 sustained the Commerce Department's decision to pick a second mandatory respondent in an AD review of passenger vehicle and light truck tires from China, following a U.S. Court of Appeals for the Federal Circuit decision saying the agency couldn't use just one. Judge Mark Barnett said that Commerce reasonably said it could look at two respondents, despite the temporal limitations on going back and picking another. However, the court remanded Commerce's method of picking the respondent, remanding the agency's decision to leave exporter Shandong Linglong Tyre Co. off the list. Barnett also remanded Commerce's rejection of various companies' requests for separate rate status.