CIT Again Upholds Use of AFA for China's EBCP in Confidential Opinion
The Court of International Trade in a Dec. 8 confidential opinion upheld the Commerce Department's remand results in a case on the 2017 administrative review of the countervailing duty order on passenger vehicle and light truck tires from China. In…
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the remand results, Commerce stuck with its use of adverse facts available for respondent Cooper (Kunshan) Tire's and Shandong Longyue Rubber's alleged use of China's Export Buyer's Credit Program (see 2202090069). The trade court has long spurned the use of AFA over the EBCP, with one judge only recently upholding the use of AFA in this context (see 2209140029). Judge Timothy Reif now appears to be the second judge at CIT to find Commerce properly used AFA for the EBCP. Reif gave the parties until Dec. 15 to review the confidential information in the opinion (Cooper (Kunshan) Tire v. U.S., CIT #20-00113).