美国国际贸易法院(3).doc

587 1278, 30 ITRD 2297
United States Court of
International Trade.
GPX INTERNATIONAL TIRE CORPORATION and Hebei Starbright Tire Co., Ltd., Plaintiffs,
v.
UNITED STATES, Defendant,
and
Bridgestone Americas Holding,: Inc., Bridgestone Firestone: North American Tire, LLC, Titan: Tire Corporation, and United: Steel, Paper and Forestry,: Rubber, Manufacturing, Energy,: Allied Industrial and Service: Workers International Union,: AFL-CIO-CLC, Defendant-Intervenors.
Slip Op. 08-121.
Court Nos. 08-00285, 08-00286, 08-00287.
Nov. 12, 2008.
Background: Domestic importer of pneumatic off-the-road (OTR) tires and foreign producer and exporter of pneumatic OTR tires filed action contesting countervailing duty (CVD) determination, antidumping (AD) determination and injury determination by International mission (ITC). Plaintiffs filed motion for temporary restraining order and preliminary injunction to prevent imposition of 44% cash deposit requirement until merits determination could be made.
Holdings: The Court of International Trade, Restani, Chief Judge, J., held that:
(1) Court had power to grant preliminary injunction to postpone immediate collection of full cash deposits established by Department merce;
(2) plaintiffs did not demonstrate that they were likely to eed in achieving negative injury determination after judicial review;
(3) foreign producer and another Chinese producer could not be collapsed for purposes of AD determination despite close working relationship between domestic importer and that other producer;
(4) plaintiffs had to demonstrate what margins likely would be merce had granted market oriented enterprise (MOE) treatment to foreign producer;
(5) limited likelihood of ess in eliminating all of CVD rate was insufficient to tip balance of equitable factors so as to require relief;
(6) CVD determination regarding government financial contribution to foreign producer likely had been made through acceptable procedure;
(7) foreign p