CIT Sustains Decision on Remand to Drop AFA Related to China's EBCP
The Court of International Trade on Aug. 29 sustained the Commerce Department's decision on remand not to continue applying adverse facts available to a mandatory respondent in the 2018 administrative review of the countervailing duty order on multilayered wood flooring from China (see 2508280047) (Evolutions Flooring v. United States, CIT Consol. #21-00591).
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In March, the court sent the review back for Commerce to further evaluate whether enough information existed to verify claims from respondent Jiangsu Senmao Bamboo and Wood Industry that it didn't use China's Export Buyers Credit Program. On remand, the agency said certificates from all the respondent's U.S. customers "established sufficiently their non-use of the EBCP," justifying the departure from the use of AFA for this program.
Since no party objected to the result, Judge Timothy Reif sustained the remand decision.