Rulings, remedies and court proceedings for customs and trade professionals

DOJ Swaps Lead Counsel in Canadian Wind Towers CVD Case at CAFC

DOJ attorney Robert Kiepura replaced Joshua Kurland as principal counsel in a case on the Commerce Department's countervailing duty investigation on wind towers from Canada. The court approved the change in a Feb. 8 order (Quebec v. U.S., Fed. Cir. # 22-1807).

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The Quebec and Canada governments, along with respondent Marmen Energie, sued to contest Commerce's decision not to rely on Marmen's auditor's adjustment, the agency's finding that additional depreciation for various Class 1 assets conferred a countervailable benefit to Marmen, and Commerce's calculation of Marmen's benefit for a tax credit program (see 2302020028).

The Court of International Trade in a March 2023 opinion upheld Commerce's final determination in the investigation (see 2203230064).