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, which was initiated by the U.S. Department of Commerce. The case involved several key parties:
**Plaintiff:**
- ADVANCED TECHNOLOGY & MATERIALS CO., LTD.
- BEIJING GANG YAN DIAMOND PRODUCTS COMPANY
- GANG YAN DIAMOND PRODUCTS, INC.
**Plaintiff Intervention Party:**
- BOSUN TOOLS GROUP CO. LTD.
**Defendant:**
- United States Government
**Defendant Involved:**
- DIAMOND SAWBLADES MANUFACTURERS COALITION
- WEIHAI XIANGGUANG MECHANICAL INDUSTRIAL CO., LTD.
- QINGDAO SHINHAN DIAMOND INDUSTRIAL CO., LTD.
The core issue in this case revolved around the U.S. Department of Commerce’s final ruling under Section 129 of the Uruguay Round Agreement Act. This ruling led to a lawsuit filed by the Diamond Sawblade Manufacturers Coalition (DSMC), seeking a temporary restraining order and preliminary injunction against the release of certain products from customs detention. The dispute centered on the second review of the U.S. Department of Commerce's anti-dumping measures against Chinese diamond saw blades, particularly focusing on whether subsidiaries of Aetna, including the plaintiff, should be granted separate tax rates.
The ruling was influenced by previous decisions from the World Trade Organization (WTO) Dispute Settlement Body, specifically in DS422, where China challenged the U.S. use of "zeroing" in its dumping calculations for frozen shrimp and diamond saw blades. The USCIT’s decision emphasized that if the U.S. Trade Representative’s instructions were followed, the Ministry of Commerce would take further actions, including directing U.S. Customs and Border Protection (CBP) to either clear or lift the customs restrictions on Antai’s imports.
The DSMC sought an injunction to prevent the lifting of the customs hold and to block the exclusion of Antai from the anti-dumping tax order. In evaluating the request, the court considered factors such as the potential for irreparable harm, the likelihood of success, the balance of hardships, and the public interest.
The case had its roots in 2005, when the U.S. Department of Commerce launched an anti-dumping investigation into Chinese diamond saw blades, with product codes 82023900.00, 82060000.00, and 82020000~82050000. In May 2006, the final ruling assigned different tax rates to various companies, with Antai receiving 2.50%, Hebei Shijiazhuang Boshen Tools Group receiving 34.19%, and a general rate of 164.09% for China.
In February 2011, China filed a complaint with the WTO over the U.S. anti-dumping measures, leading to a panel report released in June 2012 and a subsequent adoption by the WTO Dispute Settlement Body in July 2012.
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