Chinese tire duty case remains unresolved

Oct. 12, 2010

A lawsuit that could make certain Chinese-made tires exempt from countervailing duties is still pending.

Chinese tire manufacturers Hebei Starbright Tire Co. Ltd. and Tianjin United Tire & Rubber International had asked the United States Court of International Trade to place a hold on countervailing duties that were imposed upon them several years ago. The United States Department of Commerce opposed the request.

In a ruling rendered on Oct. 1, Chief Judge Jane Restani of the U.S. Court of International Trade wrote that if Hebei Starbright and Tianjin seek "injunctive relief they must still demonstrate the entitlement to equitable injunctive relief."

She later wrote, "if there is no appeal, the court's final opinion will become conclusive and there appears to be no dispute that in such a case the government would act in a regular manner and cease collection of countervailing duty deposits."