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Patricia O'Connell
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poconnell@wileyrein.com

U.S. Court of International Trade Issues Favorable Ruling for U.S. Diamond Sawblade Industry

February 21, 2008

Washington, DC—On February 6, 2008, Senior Judge K. Musgrave of the U.S. Court of International Trade (CIT) ruled that a previous determination of the U.S. International Trade Commission (ITC or Commission) could not withstand judicial review and remanded the case back to the federal agency for reconsideration.  The court’s determination was in response to an appeal filed by the Diamond Sawblade Manufacturers Coalition (DSMC).  

The CIT’s ruling gives an April 4, 2008 deadline for the ITC to make a new determination regarding whether the domestic industry is injured or threatened with injury due to unfairly priced imports from China and Korea.  If the ITC determines that the U.S. producers have been harmed as a result of the dumped imports, additional tariffs will be placed on all diamond sawblade (and parts) imports from China and Korea.

“The DSMC is very pleased with the ruling and we hope that upon reconsideration that the Commission determines that the unfairly priced imports from China and Korea have injured the domestic industry,” said Daniel B. Pickard of Wiley Rein, counsel to the DSMC.  “Dumped imports from China and Korea have flooded the U.S. market, dramatically undersold the domestically produced product and injured the American manufacturers,” Pickard said.