Zhejiang Machinery Import & Export Corp. v. United States
21-78
by: Katzmann

Section: Federal Circuit and CIT Case Summaries




The CIT affirmed Commerce’s remand results in the antidumping duty administrative review of tapered roller bearings and parts thereof (finished or unfinished) from China. On remand, Commerce continued to find that Plaintiff failed to demonstrate the absence of de facto government control over its export activities. The court concluded that Commerce’s remand results were supported by substantial evidence due to the fact that Commerce had specifically explained that the All-China Federation of Trade Unions’ (ACFTU’s) ability to exercise control over labor unions and individual members. The ACFTU in China possesses a ‘legal monopoly on all trade union activities,’ according to Commerce, and “the Chinese government prohibits independent unions.” Additionally, record evidence demonstrated complete overlap between membership of the labor union of Zhejiang Sunny Import and Export Corp.—the parent company of the Plaintiff—and its employee stock ownership committee (ESOC). Commerce stated that Plaintiff failed to demonstrate how individuals on the ESOC could not act in the interests of the ACFTU when acting on behalf of the ESOC.