ZHEJIANG MACHINERY IMPORT & EXPORT CORP. v. U.S.

Slip Op. 20-122 Court No. 19-00039.

471 F.Supp.3d 1313 (2020)

ZHEJIANG MACHINERY IMPORT & EXPORT CORP., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

August 21, 2020.


Attorney(s) appearing for the Case

Adams C. Lee , Harris Bricken McVay LLP, of Seattle, WA, argued for plaintiff.

Kelly A. Krystyniak , Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice and Nikki Kalbing , Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce of Washington, DC, argued for defendant. With them on the brief and supplemental briefs were Joseph H. Hunt , Assistant Attorney General, Ethan P. Davis , Acting Assistant Attorney General, Jeanne E. Davidson , Director, L. Misha Preheim , Assistant Director and Patricia McCarthy for L. Misha Preheim , Assistant Director. Of counsel on the brief was James Henry Ahrens II , Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Justice of Washington, DC.


OPINION

This case involves whether an exporter in a non-market economy ("NME") has sufficiently established independence from government control to qualify for a separate duty rate and avoid a countrywide antidumping duty rate. It also presents questions about whether nominal ownership of majority...

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