CIT Remands China Aluminum Extrusions CVD Investigation for Subsidy Comparison Price

In a dispute over the price benchmarks the Commerce Department uses to value subsidy programs in countervailing duty proceedings, the Court of International Trade remanded the results of the original countervailing duty investigation on aluminum extrusions from China (C-570-968). Commerce had found government-associated companies had provided aluminum and land inputs to Chinese companies for below-market prices, or “less than adequate remuneration (LTAR),” which meant those inputs were countervailable subsidies. CIT said Commerce was correct in including import duties in the benchmark market price it used to judge whether aluminum inputs were provided for LTAR. The regulations require Commerce to do so, the court said. But Commerce’s comparison of a fully-developed Thai industrial park with undeveloped land received by respondent Zhongya went against the evidence on the record, the court said. CIT remanded for Commerce to reconsider.