CIT Sustains One Review of CVD Order on Turkish Rebar, Remands Another
The Court of International on Oct. 6 sustained the Commerce Department's 2023 review of the countervailing duty order on steel concrete reinforcing bar from Turkey. Following a remand on the agency's de jure specificity finding of an exemption from Turkey's Banking and Insurance Transactions Tax on foreign exchange transactions and its selection of a report from Colliers international to use as the benchmark to value rent-free lease of land to respondent Kaptan's affiliate, Judge Gary Katzmann upheld Commerce's decisions not to countervail the tax exemption but to stick with the Colliers report. Regarding the specificity determination, Katzmann said he already rejected the claims that the tax exemption was de jure specific, adding that the agency operated within its discretion in not engaging in more of a de facto specificity investigation or using adverse facts available given the Turkish government's failure to provide requested information on remand.
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Katzmann remanded parts of the department's 2021 review, on the other hand, so that Commerce could reconsider its surviving de jure specificity finding regarding the Banking and Insurance Transactions Tax exemption in that review. He also remanded the department's rejection of an alternative benchmark prices report for lack of a proper explanation, and he determined that Commerce's application of adverse facts available to Kaptan's use of Turkish Law 27256, a social security benefits law. He sustained everything else, saying Kaptan hadn't preserved its arguments regarding another social security benefits law, Turkish Law 4447, or the lack of a gap in the record.