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Wiley Rein's Daniel Pickard Comments on Favorable CIT Zeroing Ruling in Sawblade Case
Daniel Pickard, a partner in Wiley Rein's International Trade Practice, was quoted after the U.S. Court of International Trade (CIT) ruled that the U.S. Department of Commerce's decision in 2006 to no longer use zeroing in anti-dumping investigations would not require a review of a Chinese sawblades case. That case--brought by Diamond Sawblades Manufacturers Coalition against China-based Advanced Technology & Materials Co. Ltd.--involved zeroing, but was completed months prior to Commerce's policy change.
"We always had high expectations that we would win this appeal," Mr. Pickard said, who represents the coalition. "Nonetheless, this is an important win for the domestic industry. We're happy to have this issue behind us, and we couldn't agree more with the judge's ruling."
In the decision, the CIT judge rejected ATM's contention that Commerce should recalculate the results without the use of zeroing, a practice where merchandise sold at more than fair value is disregarded in dumping margin calculations.
Mr. Pickard added that the next major issue to be addressed is the coalition's challenge to ATM's separate dumping margin, which currently stands at 2.85 percent. Mr. Pickard and his clients argue that ATM is owned by the Chinese government and they are asking the court to rule that the company is instead subject to the China-wide rate of 164 percent.