Diamond Sawblades’ Manufacturers Coalition Launches Federal Appeal of ITC Decision
New York, NY—The Diamond Sawblades Manufacturers’ Coalition (DSMC) filed a complaint today at the U.S. Court of International Trade against the International Trade Commission’s determination that American diamond sawblade manufacturers were not injured by dumped imports from China and Korea.
The DSMC originally filed petitions for trade relief against unfairly priced imports of diamond sawblades (and parts thereof) from China and Korea in June 2005. Subsequently, the International Trade Commission preliminarily found a reasonable indication of material injury due to imports to domestic producers of diamond sawblades, and the Department of Commerce preliminarily and finally determined that imports were entering the country at unfair prices. However, the International Trade Commission determined in June 2006 that the domestic manufacturers were not injured by the unfairly priced imports. Had the Commission made an affirmative final determination, antidumping duty orders would have been issued and U.S. Customs and Border Protection instructed to collect cash deposits on imports of subject merchandise.
“The International Trade Commission’s decision surprised and disappointed the domestic industry,” said Daniel B. Pickard, a partner in Wiley Rein & Fielding LLP’s International Trade Practice and counsel to the DSMC. “While the Commission stated that there is a lack of competition between domestic sawblades and imports, the record of the case clearly does not support such a decision.”
The lawsuit filed by the DSMC will proceed in the U.S. Court of International Trade. The case against the International Trade Commission focuses on the agency’s finding of a lack of competition between imported and domestically produced sawblades. Complaints also have been filed against the Department of Commerce’s determination that resulted in lower dumping margins against Korean and Chinese imports than were merited.
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