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Federal Appeals Court Affirms High Antidumping Duties on Diamond Sawblades Producers from China
Washington, DC—The U.S. Court of Appeals for the Federal Circuit today affirmed two decisions by the United States Court of International Trade (CIT) that antidumping duties should be levied at more than 82% on diamond sawblades exported by Beijing Gang Yan Diamond Products Company (Gang Yan) and certain of its affiliates. These exports were previously subject to lower duties, due to the United States Department of Commerce’s initial determination that Gang Yan was not affiliated with the Chinese government. The agency later reversed that determination, which was followed by the CIT’s affirmation of the decision, clearing the way for additional duty collection.
Today’s appeals court judgment concludes the case, with a final determination that this Chinese company is controlled by the Chinese government, and that antidumping duties should be assessed at the rate of 82.15% for imports going back to 2009.
“This is an extremely important decision that will have a significant impact on one of the largest exporters of diamond sawblades to the U.S. market, said Daniel B. Pickard, a partner in Wiley Rein’s International Trade Practice and counsel to the domestic industry. “After many years of litigation, we’re thrilled with the final decision, which we believe is a fair one. Today’s decisions will be of enormous benefit to these American companies and their workers.”
Diamond sawblades from China have been subject to antidumping duties since November 2009. Gang Yan and its affiliates are producers and exporters of diamond sawblades and sawblade parts. Today’s decision will trigger retroactive payment for imports that entered the United States after the antidumping order was issued.
The Appeals Court also ruled that the antidumping duties for imports from non-Gang Yan companies may also need to be increased. Accordingly, the Department of Commerce will re-examine the appropriate duty rates for imports that entered the United States in 2011 and 2012. Mr. Pickard stated “The importance of today’s victories are difficult to overstate. Importers of Chinese diamond sawblades will be required to retroactively pay the appropriate amount of duties as a remedy for unfair pricing.”