China Manufacturers Alliance, LLC, Double Coin Holdings Ltd. v. United States

N OTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
CHINA MANUFACTURERS ALLIANCE, LLC,
DOUBLE COIN HOLDINGS LTD.,
Plaintiffs-Appellants
GUIZHOU TYRE CO., LTD., GUIZHOU TYRE
IMPORT AND EXPORT CO., LTD.,
Plaintiffs
v.
UNITED STATES,
Defendant-Appellee
______________________
2023-2391
______________________
Appeal from the United States Court of International
Trade in Nos. 1:15-cv-00124-TCS, 1:15-cv-00128-TCS, Sen-
ior Judge Timothy C. Stanceu.
______________________
Decided: April 28, 2025
______________________
J AMES P. D URLING, Pillsbury Winthrop Shaw Pittman
LLP, Washington, DC, argued for plaintiffs-appellants.
Also represented by D ANIEL L. P ORTER , WILLIAM C.
SJOBERG; ANA MARIA AMADOR G IL , Curtis, Mallet-Prevost,
Colt & Mosle LLP, New York, NY.
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CHINA MANUFACTURERS ALLIANCE, LLC v. US 2
STEPHEN CARL T OSINI, Commercial Litigation Branch,
Civil Division, United States Department of Justice, Wash-
ington, DC, argued for defendant-appellee. Also repre-
sented by BRIAN M. BOYNTON, P ATRICIA M. MCCARTHY ,
F RANKLIN E. WHITE, J R.; HENDRICKS V IDAL VALENZUELA
SANDOVAL , Office of the Chief Counsel for Trade Enforce-
ment & Compliance, United States Department of Com-
merce, Washington, DC.
______________________
Before T ARANTO, CLEVENGER , and HUGHES , Circuit
Judges.
T ARANTO, Circuit Judge.
Based on the United States Department of Commerce’s
2008 antidumping-duty order covering certain pneumatic
off-the-road tires from the People’s Republic of China
(PRC), Commerce in November 2013 initiated an adminis-
trative review, under 19 U.S.C. § 1675, of merchandise that
was subject to the 2008 order and entered the United
States between September 1, 2012, and August 31, 2013
(the 2012–2013 review). Initiation of Antidumping and
Countervailing Duty Administrative Reviews and Request
for Revocation in Part, 78 Fed. Reg. 67104 (Nov. 8, 2013).
In that review, Commerce followed its now-longstanding
practice of both presuming that each exporter of merchan-
dise from the “non-market economy” of the PRC is subject
to the PRC government’s control and assigning a PRC-wide
antidumping-duty rate to any exporter that fails to carry
the burden of persuasion to show its independence from
government control sufficient to entitle the exporter to its
own separate rate. Id. at 67104–105. As we recently con-
firmed, we have repeatedly approved that practice. Pirelli
Tyre Co., Ltd. v. United States, 128 F.4th 1265, 1268
(Fed. Cir. 2025).
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CHINA MANUFACTURERS ALLIANCE, LLC v. US 3
In the 2012–2013 review, Commerce determined that
Double Coin Holdings Ltd. (Double Coin), an exporter of
the subject merchandise, “failed to demonstrate absence of
de facto government control” because its controlling (in-
deed, majority) shareholder was wholly owned by a PRC
government agency and wields a “significant level of con-
trol” over its board of directors. Certain New Pneumatic
Off-the-Road Tires From the People’s Republic of China: Fi-
nal Results of Antidumping Duty Administrative Review;
2012–2013, 80 Fed. Reg. 20197, 20199 (Apr. 15, 2015) (Fi-
nal Results), as amended by Certain New Pneumatic Off-
the-Road Tires From the People’s Republic of China:
Amended Final Results of Antidumping Duty Administra-
tive Review; 2012–2013, 80 Fed. Reg. 26230 (May 7, 2015).
Commerce therefore assigned Double Coin the PRC-wide
entity rate. Final Results, 80 Fed. Reg. at 20199.
Both Double Coin and its United States importer of the
subject merchandise, China Manufacturers Alliance, LLC
(CMA), challenged the final results. In 2021, we agreed
with the government’s argument that Commerce was stat-
utorily authorized to assign Double Coin the PRC-wide en-
tity rate. China Manufacturers Alliance, LLC v. United
States, 1 F.4th 1028, 1039–40 (Fed. Cir. 2021) (CMA 2021).
Thus, we reversed the contrary final judgment of the
United States Court of International Trade (Trade Court)
and remanded. Id. at 1040.
On remand, the Trade Court upheld, as supported by
substantial evidence, Commerce’s determination that Dou-
ble Coin failed to demonstrate lack of government control.
China Manufacturers Alliance, LLC v. United States,
639 F. Supp. 3d 1260, 1264–68 (Ct. Int’l Trade 2023) (CMA
2023). The Trade Court entered final judgment sustaining
Commerce’s assignment of the PRC-wide entity rate to
Double Coin, and CMA and Double Coin (appellants)
timely appealed. We have jurisdiction pursuant to 28
U.S.C. § 1295(a)(5).
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CHINA MANUFACTURERS ALLIANCE, LLC v. US 4
“We review Commerce’s decision using the same stand-
ard of review applied by the Trade Court, while carefully
considering that court’s analysis.” Mid Continent Steel &
Wire, Inc. v. United States, 941 F.3d 530, 537
(Fed. Cir. 2019) (citation omitted). We will uphold Com-
merce’s determination here unless it is “unsupported by
substantial evidence on the record, or otherwise not in ac-
cordance with law.” 19 U.S.C. § 1516a(b)(1)(B)(i).
At oral argument in this court, appellants stated that
the legal arguments presented in their brief could not pre-
vail in light of Pirelli Tyre, decided by this court after the
briefing was complete in this case. Oral Arg. at 0:28–1:03,
https://oralarguments.cafc.uscourts.gov/default.aspx?fl=23
-2391_04072025.mp3; see Pirelli Tyre, 128 F.4th at 1268,
1270. Thus, the only challenge we need to address here is
appellants’ contention that substantial evidence does not
support Commerce’s finding that Double Coin failed to
show lack of de facto government control. See Appellants’
Br. at 39–67. We reject that challenge on its merits and
therefore need not address the government’s argument
that appellants’ substantial-evidence challenge is fore-
closed by our 2021 decision. Government’s Br. at 16–20.
Commerce found that the Huayi Group, which is 100%
owned by a PRC government agency and is the majority-
owner of Double Coin, “exerts considerable influence over
[Double Coin’s] board of directors (and, thus, the manage-
ment and operations of [Double Coin])” and that “the fac-
tual record does not provide sufficient information to rebut
the presumption of government control.” Issues and Deci-
sion Memorandum for Final Results of Antidumping Duty
Administrative Review: Certain New Pneumatic Off-the-
Road Tires from the People’s Republic of China; 2012-2013
at 14, 18 (Dep’t of Commerce Apr. 8, 2015) (Final Decision
Memo). Commerce noted that, in light of then-recent anti-
dumping-duty proceedings, the majority ownership suf-
ficed “in and of itself” to resolve the issue. Decision
Memorandum for Preliminary Results of Antidumping
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CHINA MANUFACTURERS ALLIANCE, LLC v. US 5
Duty Administrative Review: Certain New Pneumatic Off-
the-Road Tires from the People’s Republic of China; 2012-
2013 at 8–10 & nn.37–38 (Dep’t of Commerce Sept. 30,
2014) (citations omitted) (Preliminary Decision Memo); see
also Final Decision Memo at 18.1 But Commerce neverthe-
less proceeded to recite ample additional bases for its find-
ing, including the following: (1) Huayi controlled the
composition of Double Coin’s board, as a minority share-
holder had never nominated a director and a Huayi nomi-
nee had never been rejected; (2) even if Double Coin’s
Articles of Association and company documents stated that
managers control day-to-day operations, Huayi controlled
management through board-controlled pay; (3) the “Arti-
cles of Association demonstrate[d] that a majority share-
holder – and particularly one [like Huayi] with 65.66
percent ownership – ha[d] near complete control over any
shareholder decision[],” including those which “may affect
the management and operations of the company”;
1 In Zhejiang Machinery Import & Export Corp. v.
United States, 65 F.4th 1364, 1370 (Fed. Cir. 2023), we ex-
plained: “As the CIT has noted, ‘[w]here a majority share-
holder has potential control[,] that control is, for all intents
and purposes, actual control.’ An Giang Fisheries Imp. &
Exp. Joint Stock Co. v. United States, 284 F. Supp. 3d 1350,
1359 (Ct. Int’l Trade 2018).” See also CMA 2023, 639 F.
Supp. 3d at 1265–66; Can Tho Import-Export Joint Stock
Company v. United States, 435 F. Supp. 3d 1300, 1305–06
(Ct. Int’l Trade 2020); An Giang Fisheries, 284 F. Supp. 3d
at 1357–59 & n.9. More recently, Commerce adopted 19
C.F.R. § 351.108, which states that “[n]o separate rate will
be applied when the nonmarket economy government ei-
ther directly or indirectly holds . . . [a] majority ownership
share.” Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy
Laws, 89 Fed. Reg. 101694, 101699–705, 101758–60 (Dec.
16, 2024); 19 C.F.R. § 351.108(b)(1)(i).
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CHINA MANUFACTURERS ALLIANCE, LLC v. US 6
(4) although “certain minority shareholder rights” (e.g.,
“the ability to bring suit against a board member or man-
ager who acts against the interests of the company,” “to call
a shareholder meeting,” and to hold votes after “recusal of
Huayi’s voting shares”) existed, there was no evidence that
those rights were exercised; and (5) the fact that CMA set
U.S. sales prices did not negate government control over
factors (e.g., “governmental manipulation of the costs of in-
puts”) that could affect such prices and, thus, export activ-
ity. Id. at 15–18 & nn.54–58 (internal quotations and
citations omitted); see also J.A. 2976; J.A. 3015–17 & n.33.
Appellants argue that Commerce ignored evidence.
Appellants’ Br. at 39–41. But the duty to consider all the
evidence on the record “does not necessitate explicit men-
tion and discussion of each piece of evidence.” Pirelli Tyre,
128 F.4th at 1271 (citations omitted). We see no basis for
doubt that Commerce considered the entirety of the record
in making its finding. In particular, appellants have not
identified evidence that is so contrary to Commerce’s deter-
mination, applying the legal standards it did (which are no
longer challenged here, after Pirelli Tyre), that Commerce
must have ignored it rather than merely found it unper-
suasive in light of the expressly recited evidence.
For the foregoing reasons, we affirm the Trade Court’s
decision.
AFFIRMED
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