from the United States Court of International Trade in No.
1:13-cv-00078-RKM, Senior Judge R. Kenton Musgrave.
B. Pickard, Wiley Rein, LLP, Washington, DC, argued for
plaintiff-appellee. Also represented by Usha Neelakantan,
Maureen E. Thorson.
Jacob Todor, Commercial Litigation Branch, Civil Division,
United States Department of Justice, Washington, DC, argued
for defendant-appellee. Also represented by Benjamin C.
Mizer, Jeanne E. Davidson, Franklin E. White, Jr.; Amanda T.
Lee, Office of Chief Counsel for Trade Enforcement and
Compliance, United States Department of Commerce, Washington,
Jeffrey S. Neeley, Husch Blackwell LLP, Washington, DC,
argued for defendants-appellants. Also represented by Michael
L. Porter, Curtis, Mallet-Prevost, Colt & Mosle LLP,
Washington, DC, for amici curiae Shanghai Huayi Group
Corporation Limited, China Manufacturers Alliance. Also
represented by James P. Durling, Claudia Denise Hartleben;
Gene C. Schaerr, Schaerr Duncan, Washington, DC.
William Alfred Fennell, Stewart & Stewart, Washington,
DC, for amici curiae United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied Industrial and Service
Workers International Union, AFL-CIO-CLC, Titan Tire
Corporation. Also represented by Nicholas J. Birch, Lane S.
Hurewitz, Terence Patrick Stewart.
Lourie, O'Malley, and Taranto, Circuit Judges.
O'Malley, Circuit Judge.
Advanced Technology & Materials entity ("ATM"),
comprised of Beijing Gang Yan Diamond Products Company, Gang
Yan Diamond Products, Inc., and other affiliated companies,
appeals from a decision of the Court of International Trade
("CIT") upholding the Department of Commerce's
("Commerce") determination in a first
administrative review of an earlier-imposed antidumping
order.  In that review, Commerce imposed an
adjusted PRC-wide entity rate of 82.12% on subject goods
imported by ATM. See Diamond Sawblades Mfrs. Coal. v.
United States (CIT Decision), 2015 Ct.
Int'l Trade LEXIS 107 (Ct. Int'l Trade Sept. 23,
2015). Because the CIT did not err in upholding
Commerce's decision, we affirm.
Basis for Investigations and Administrative Reviews
to 19 U.S.C. § 1673, Commerce imposes an antidumping
duty on foreign merchandise if: (1) it determines that the
merchandise "is being, or is likely to be, sold in the
United States at less than its fair value, " and (2) the
International Trade Commission ("ITC") determines
that the sale of the merchandise at less than fair value
materially injures, threatens, or impedes the establishment
of an industry in the United States. If an interested party
files a petition with Commerce on behalf of an industry
alleging that foreign merchandise warrants the imposition of
an antidumping duty under § 1673, Commerce initiates an
antidumping duty investigation. 19 U.S.C. § 1673a. As
part of this investigation, Commerce calculates a
"normal value" for the subject merchandise- the
price at which the "foreign like product" is sold
in the exporting country or in a representative country if,
inter alia, the exporting country has a market
situation that does not permit a proper comparison-so that it
can compare the export price of the foreign merchandise with
the normal value. Id. § 1677b.
Commerce and the ITC conclude that the imports or sales of
the subject merchandise are governed by § 1673, Commerce
issues an antidumping duty order. Id. §
1673d(c)(2). The amount of the antidumping duty is "the
amount by which the normal value exceeds the export price (or
the constructed export price) for the merchandise."
Id. § 1673. If requested, Commerce conducts a
yearly administrative review of the antidumping duty order
and calculates a new antidumping duty rate. Id.
Commerce's Investigation into Diamond Sawblades
3, 2005, Diamond Sawblades Manufacturers Coalition
("DSMC") filed a petition on behalf of the domestic
industry and workers producing diamond saw-blades regarding
imports of diamond sawblades. Preliminary Determination
of Sales at Less than Fair Value, Postponement of Final
Determination, and Preliminary Partial Determination of
Critical Circumstances: Diamond Sawblades and Parts Thereof
from the People's Republic of China
(Investigation Preliminary Determination), 70 Fed.
Reg. 77, 121, 77, 121 (Dep't of Commerce Dec. 29, 2005).
In response to the petition, Commerce initiated an
investigation on June 21, 2005. Id. In its final
determination, Commerce found that diamond sawblades from the
PRC were being, or were likely to be, sold in the United
States at less than fair value. Final Determination of
Sales at Less Than Fair Value and Final Partial Affirmative
Determination of Critical Circumstances: Diamond Sawblades
and Parts Thereof from the People's Republic of
China (Investigation Final Determination), 71
Fed. Reg. 29, 303, 29, 303 (Dep't of Commerce May 22,
2006). The ITC separately found that the importation of
diamond sawblades from the PRC threatened a United States
industry with material injury. See Diamond Sawblades and
Parts Thereof from China, Inv. No. 731-TA-1092,
USITC Pub. 4559, 2015 ITC LEXIS 1140, at *3- 4 (Sept. 1,
Investigation Final Determination, Commerce
acknowledged that, in proceedings involving
non-market-economy ("NME") countries, Commerce
"begins with a rebuttable presumption that all companies
within the country are subject to government control."
71 Fed. Reg. at 29, 307. Based on this presumption, Commerce
assigns all exporters of the subject merchandise in a NME
country a single antidumping duty rate "unless an