Turkish Pasta Maker Loses Prior CV Rate Under ITA's New Changed Circumstances Approach
A Turkish pasta producer, Marsan Gida Sanayi ve Ticaret A.S., under new ownership, Gidasa Sabanci Gida Sanayi ve Ticaret A.S., sought to preserve the company’s prior countervailing duty rate for its goods from Turkey, but the International Trade Administration, using a new CVD changed circumstances methodology it had previously been considering, found that the successor company was no longer the same subsidized entity and instead should get the “all others” cash deposit rate of 9.38%. (The new approach, among other concerns, seeks evidence of “significant changes in operations, ownership, corporate or legal structure” that could affect the nature and extent of a company’s subsidy levels.) The Court of International Trade found the ITA’s interpretation reasonable and upheld its final determination. (Slip-Op. 11-20, dated 02/16/11)
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(The court noted that the ITA first announced a possible change in methodology for CV changed circumstance reviews in its 2006 preliminary results of CV duty changed circumstances review of stainless steel sheet and strip in coils from Korea.)