NEW YORK — The International Trade Commission's (ITC) decision in February that Chinese truck and bus tire imports weren't causing material injury to U.S. tire manufacturers was flawed on its face, the United Steelworkers (USW) union said in its latest filing with the Court of International Trade (CIT).
The USW filed a reply before the CIT Nov. 28 in response to documents filed by the U.S. Department of Commerce, Cooper Tire & Rubber Co., the China Rubber Industry Association and the China Chamber of Commerce of Metals, Minerals and Chemicals.
Those organizations are the defendants and defendants-intervenors in the complaint the USW filed April 14.
In that complaint, the union sought judicial review of the ITC's vote, which reversed an earlier, preliminary determination of material injury.
In its Nov. 28 reply brief, the USW said the ITC erroneously relied on a lack of price depression in its negative underselling determination; failed to analyze the domestic tire industry's performance in the context of the industry's business cycle; and relied on the absence of present injury.
It also said various aspects of the agency's determination were not supported by substantial evidence.
"Defendant misconstrues Plaintiff's challenge as contesting the determination that there was a moderate-to-high degree of substitutability between domestic tires and subject imports," the reply brief said.
"Instead, Plaintiff challenges the majority's decision that, despite this moderate-to-high degree of substitutability, purchasers perceived sufficient differences in features such as quality, warranties, retreadability, service and brand that they would purchase higher-priced domestic tires," it said.