USCIT makes a judgment on anti-dumping case against Chinese saw blade

On March 28, 2013, the US Court of International Trade (USCIT) ruled on the anti-dumping case against the Chinese diamond saw blade by the US Department of Commerce. The parties to the case are as follows:

Plaintiff: ADVANCED TECHNOLOGY & MATERIALS CO., LTD., BEIJING GANG YAN DIAMOND PRODUCTS COMPANY, GANG YAN DIAMOND PRODUCTS, INC .)

Plaintiff intervention party: BOSUN TOOLS GROUP CO. LTD

Defendant: US Government

Defendant involved: DIAMOND SAWBLADES MANUFACTURERS COALITION, WEIHAI XIANGGUANG MECHANICAL INDUSTRIAL CO., LTD, QINGDAO SHINHAN DIAMOND INDUSTRIAL. CO. , LTD)

The dispute point of this case:

The US Department of Commerce’s International Trade Administration recently issued a final ruling under Section 129 of the Uruguay Round Agreement Act, prompting the defendant to intervene in the US Diamond Chip Manufacturers Association (DSMC) to file a lawsuit against the court to issue a temporary restraining order and a preliminary injunction. request. This case involves the second repatriation ruling of the US Department of Commerce's anti-dumping case against diamond saw blades in China, which involves re-consideration of whether a series of subsidiaries of Aetna including the plaintiff apply to separate tax rates. The final ruling of the US Department of Commerce under Article 129 of the Uruguay Round Agreement Act is mainly based on China’s anti-dumping measures against the United States against some Chinese frozen water shrimp and diamond saw blades from the WTO Dispute Settlement Body on the basis of “return to zero” calculations. (DS422) Dispute Resolution Body recommendations and rulings made. In addition, the 129th ruling also indicates that once the ruling is implemented in accordance with the instructions of the US Trade Representative, the Ministry of Commerce will also take measures based on the final determination of the diamond saw blade entering the US market in the future. Accordingly, the Ministry of Commerce will order the US Customs and Border Protection (CBP) to take measures to clear customs clearance or lift the customs clearance law for products involved in the import of Antai.

The DSMC hopes that the court will impose an injunction to (1) oppose the lifting of the moratorium on customs clearance; and (2) object to the exclusion or cancellation of Antai from the scope of the anti-dumping taxation order. To make the above injunction, we must weigh the following: (1) the extent of the threat caused by the immediate or irreparable damage if the initial relief is not granted; and (2) the possibility of success based on the current advantage. (3) difficult trade-offs; and (4) public interest.

Judgment result:

The US Department of International Trade considered the ruling to be based on the second repatriation ruling of the US Department of Commerce regarding the anti-dumping case against diamond saw blades in China.

Case background:

On June 21, 2005, the US Department of Commerce launched an anti-dumping investigation on China's diamond saw blades. The customs codes for the products involved were 82023900.00, 82060000.00, and 82020000~82050000. On May 16, 2006, the US Department of Commerce made a final ruling, and Antai Technology Co., Ltd. The company (exporter) / Antai Technology Co., Ltd. (producer) obtained the final tax rate of 2.50%; Hebei Shijiazhuang Boshen Tools Group Co., Ltd. (exporter) / Shijiazhuang Boshen Tools Group Co., Ltd. (producer) The final tax rate is 34.19%; the general tax rate in China is 164.09%. On February 28, 2011, China filed a lawsuit against the United States against some of China's frozen warm water shrimp and diamond saw blades against the WTO Dispute Settlement Body (DS422);

On June 8, 2012, the report of the expert group was released; on July 23, 2012, the WTO dispute settlement body passed the report of the expert group.

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