Chinese Company Appeals CIT Denial of CVD on NME, 'Government Authority' Challenges

A Chinese company appealed a decision by the Court of International Trade affirming the Commerce Department’s ability to impose countervailing duties on non-market economy countries, as well as its affirmative subsidy determinations for inputs at less-than-adequate remuneration (LTAR) from state-owned enterprises (see 13031404). The court had denied Guangdong Wireking’s broad constitutional challenge to CV duties on NMEs based on recent precedent approving the practice. Wireking’s other challenge on whether state-owned enterprises are “government authorities” that can bestow subsidies failed on the misunderstanding that “government authorities" have to exercise state authority. Instead, they just have to be owned by the government, CIT said.