CIT RemandsUse of AFA Over China's EBCP, Decision to Triple the Subsidy Rate Over Affiliates
The Court of International Trade in a May 19 opinion made public May 27 sent back the Commerce Department's use of adverse facts available over alleged subsidies stemming from China's Export Buyer's Credit Program in a countervailing duty investigation. Judge…
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Richard Eaton said that not enough evidence backs Commerce's use of AFA to find that the plaintiffs, led by Zhejiang Junyue Standard Part Co., benefitted from the EBCP. In the investigation, Commerce also tripled the subsidy rate for the program to account for benefits received by Junyue and two of its affiliates. Eaton remanded this as well, finding that this move "has not been explained adequately."