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Legal Update

US Court of International Trade Orders US Government to Cancel Countervailing Duties on Chinese Off-the-Road Tires

10 August 2010
Mayer Brown Legal Update
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


  • Duane W. Layton
    T +1 202 263 3811
  • Matthew J. McConkey
    T +1 202 263 3235
  • Tiffany L. Smith
    Legal Professional / Consultant, Senior Policy Advisor
    T +1 202 263 3882
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