CIT Remands Parts, Upholds Parts of 2017 CVD Review on Chinese Wood Flooring
The Court of International Trade upheld parts and sent back parts of the Commerce Department's 2017 review of the countervailing duty order on multilayered wood flooring from China.
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Judge Timothy Reif remanded Commerce's use of only one mandatory respondent, the agency's decision to include data from Harmonized Schedule category 4412.99 in the benchmark calculation for the provision of plywood for less than adequate remuneration, and Commerce's calculation of the benchmark regarding the provision of veneers for LTAR.
Reif upheld Commerce's continued use of the individually calculated CVD rate for Jiangsu Guyu despite deselecting it as a mandatory respondent, as well as its finding of cross-ownership between Jiangsu Guyu's affiliates, inclusion of poplar core sheets in the provision of veneers for LTAR program, investigation of non-alleged subsidies, use of adverse facts available to make its specificity determination and benchmark calculation regarding the provision of electricity for LTAR, use of AFA to find that Jiangsu Guyu's poplar core sheet authorities are government "authorities," and use of AFA regarding China's Export Buyer's Credit Program.