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Dan Pickard Discusses Shift in Commerce Policy Due to CIT Diamond Sawblades Ruling
Daniel B. Pickard, a partner in Wiley Rein’s International Trade Practice, was quoted in an Inside US Trade article, discussing how the U.S. Department of Commerce (Commerce) has shifted its approach in trade remedy cases involving China and Vietnam due to a June 2014 ruling involving diamond sawblades by the Court of International Trade (CIT). The effects of the changed Commerce methodology were released on September 15, 2015. According to the article, the agency-revised approach effectively made majority ownership of a firm, directly or indirectly, by the Chinese or Vietnamese government, a decisive factor in its test of whether an exporter is de facto under government control.
Mr. Pickard, one of the lead attorneys for the Diamond Sawblades Manufacturers Coalition, said that the group had not set out to change Commerce’s practice by launching the suit. Instead, it wanted “just to get a fair outcome based on the facts in the diamond sawblade case,” he said.