U.S. Court dismisses Zhongce Rubber's appeal

The U.S. Court of International Trade (CIT) has granted the U.S. Department of Commerce's motion to dismiss a case brought against the agency by Zhongce Rubber Group Co. Ltd. (ZC Rubber)

Revising countervailing and antidumping duty rates brought against Chinese passenger and light truck tire makers in 2015, Commerce levied a 119.46-percent countervailing duty rate against ZC Rubber in March 2018.

Zhongce received government subsidies during the period of review, which ranged from Dec. 1, 2014, to Dec. 31, 2015, Commerce ruled.

Zhongce appealed the ruling before the CIT, arguing that Commerce's application of "adverse facts available" (AFA) against the tire maker during the countervailing duty review was not supported by substantial evidence.

Commerce instead should have applied the "all other companies" rate of 19.13 percent against ZC Rubber, the company said. Zhongce sought a statutory injunction against the agency which the CIT granted in April 2018.

However, in her Nov. 20 ruling, Judge Jennifer Choe-Groves reversed the injunction.

Commerce argued that ZC Rubber was not entitled to a statutory injunction. Ms. Choe-Groves did not rule on this point, but declared it moot.

Instead, she granted Commerce's motion for dismissal because Zhongce failed to exhaust its administrative remedies before filing for an injunction.