On March 28, 2013, the U.S. Court of International Trade (USCIT) issued a ruling in an anti-dumping case concerning Chinese diamond saw blades, brought by the U.S. Department of Commerce. The case involved several key parties, including plaintiffs, intervenors, and defendants.
**Plaintiffs**:
- ADVANCED TECHNOLOGY & MATERIALS CO., LTD.
- BEIJING GANG YAN DIAMOND PRODUCTS COMPANY
- GANG YAN DIAMOND PRODUCTS, INC.
**Intervenors**:
- BOSUN TOOLS GROUP CO. LTD.
**Defendants**:
- The U.S. Government
**Defendants Involved**:
- DIAMOND SAWBLADES MANUFACTURERS COALITION
- WEIHAI XIANGGUANG MECHANICAL INDUSTRIAL CO., LTD.
- QINGDAO SHINHAN DIAMOND INDUSTRIAL CO., LTD.
The core issue revolved around the U.S. Department of Commerce’s final determination under Section 129 of the Uruguay Round Agreement Act. This decision prompted the Diamond Sawblade Manufacturers Coalition (DSMC) to seek a temporary restraining order and preliminary injunction from the court. The case marked the second round of review in the U.S. anti-dumping investigation against Chinese diamond saw blades, focusing on whether subsidiaries of Aetna, including the plaintiff, should be granted separate tax rates.
The ruling was influenced by the World Trade Organization (WTO) Dispute Settlement Body’s recommendations in DS422, which challenged the use of “zeroing†in calculating dumping margins for certain Chinese products, including frozen shrimp and diamond saw blades. The USCIT’s decision also raised concerns about potential future actions by the U.S. Department of Commerce, which could lead to customs enforcement measures against imported products from Antai Technology Co., Ltd.
The DSMC requested the court to block the lifting of the customs hold and prevent Antai from being excluded from the anti-dumping duty order. To evaluate the request, the court considered four main factors: the likelihood of irreparable harm if relief was not granted, the probability of success on the merits, the balance of hardships, and the public interest.
In its judgment, the USCIT upheld the second repatriation ruling by the U.S. Department of Commerce, reaffirming the previous findings in the anti-dumping investigation.
**Background**:
The U.S. Department of Commerce initiated an anti-dumping investigation into Chinese diamond saw blades on June 21, 2005. The products in question were classified under customs codes 82023900.00, 82060000.00, and 82020000–82050000. On May 16, 2006, the Department issued its final ruling, assigning different tax rates to various companies. For example, Antai Technology Co., Ltd. received a rate of 2.50%, while Hebei Shijiazhuang Boshen Tools Group Co., Ltd. faced a rate of 34.19%. The general rate for China was set at 164.09%.
In February 2011, China filed a complaint with the WTO over the U.S. anti-dumping measures on frozen shrimp and diamond saw blades (DS422). The dispute was reviewed by a panel, whose report was released on June 8, 2012, and later approved by the WTO Dispute Settlement Body on July 23, 2012.
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