On August 4, 2010, the US Court of International Trade (CIT) rejected an attempt by the US Department of Commerce (Commerce) to continue applying countervailing duties (CVD) against imports from China of certain off-the-road tires as long as Commerce continues to treat China as a nonmarket economy (NME) and until such time as Commerce can demonstrate that its NME antidumping duties (AD) and CVD calculation methodologies avoid the double counting of subsidies. This decision follows the CIT’s September 18, 2009, ruling (GPX 1) directing Commerce to cease simultaneous application of AD and CVD against the same imports from China “[w]ithout some type of adjustment” that avoids the potential for “double counting.”1