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Daniel Pickard Comments on “Significant Victory” for U.S. Diamond Sawblade Industry

Law360, International Trade Today
October 16, 2013

Daniel B. Pickard, a partner in Wiley Rein’s International Trade Practice, was quoted by Law360 and International Trade Today in their coverage of a victory the United States Court of International Trade (CIT) handed to U.S. producers of diamond sawblades.

The CIT on October 11 upheld a decision by the United States Department of Commerce (DOC) that Beijing Gang Yan Diamond Products Company (Gang Yan)—a Chinese producer of diamond sawblades—is government-controlled and therefore should be subject to higher U.S. antidumping duties.

The CIT ruling—which clears the way for the additional duty collection—is a “significant victory for the U.S. industry and its workers,” Mr. Pickard told Law360 in an October 11 article.  Mr. Pickard is counsel to the Diamond Sawblades Manufacturers’ Coalition (DSMC), a group of U.S. producers of sawblades.

“The U.S. manufacturers deserve to compete on a level playing field, free from the distorting influence of companies owned or controlled by the Chinese government,” Mr. Pickard said.

Diamond sawblades from China have been subject to antidumping duties since November 2009.  In its original investigation into Chinese dumping, the DOC found that Gang Yan and its affiliates were free from government control.  On appeal, the DSMC pointed out significant connections and ties between Gang Yan and the Chinese government, as well as recent Chinese laws that appear to strengthen the government’s control over entities such as Gang Yan.  The CIT subsequently issued two opinions questioning the evidence underlying the DOC’s determination, and the agency reconsidered its findings, determining in May 2013 that Gang Yan is in fact subject to government control.  The CIT has now affirmed the agency’s reversal.

“The DSMC has worked very hard over these past four years to point out the extent to which Gang Yan is controlled by the Chinese government,” Mr. Pickard told International Trade Today.  “U.S. manufacturers can compete with any other company in the world, but they should not have to compete against the government of China.”

To read Wiley Rein’s news release on the CIT decision, click here.