CIT Sends Back Commerce's Exclusion of Exporter's Spare Tires From AD Order

The Court of International Trade on June 9 sent back a Commerce Department scope ruling excluding exporter Cheng Shin Rubber Industry's temporary-use spare tires from the antidumping duty order on passenger vehicles and light truck tires from Taiwan. Judge Jennifer Choe-Groves said Commerce improperly added a requirement that subject tires be for "regular use" in a vehicle, noting that the agency's interpretation doesn't appear in the "statutory language" and is undercut by the "terms of the Order itself." The judge said there's evidence showing Cheng Shin's tires "are of a size that fit passenger cars," which falls under the plain meaning of the order's scope.