Comment on the Case : GPX Inte rna tiona l Tire Corpora tion and Hebei Sta rbright Tire Co.,Ltd.v. the De pa rtment of Commerce of United Sta tes for Its Counte rva iling Duty and Antidumping Duty Determina tions on Pneuma tic Off-the-road Tires from the P.R.China
American domestic importer (GPX INTERNATIONAL TIRE CORPORATION )and foreign producer/exporter( Hebei Starbright Tire Co., Ltd.) of pneumatic of -the-road (OTR) tires from the People's Republic of China(PRC)filed complaints contesting the Department of Commerce's countervailing duty(CVD)and antidumping duty (AD)determinations and the International Trade Commission's(ITC's) injury determinations. The Court of International Trade,Jane A.Restani,Chief Judge,held that:(1) unfair trade statutes did not bar Department from imposing CVDs on products from a nonmarket economy(NME)country;but(2) Department's methodology for applying CVD law to goods from the PRC that were subject to NME AD calculations was unreasonable. This article briefl y introduced the facts of the case, analyzed the reasoning of the Court's decision,then commented on some legal issues of this case.