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CIT Remands Parts of Turkish Aluminum Sheet AD Investigation in Confidential Opinion

The Court of International Trade in a March 1 confidential opinion denied parts and granted parts of Assan Aluminyum Sanayi ve Ticaret's motion for judgment in a case concerning the antidumping duty investigation on common alloy aluminum sheet from Turkey, remanding aspects of the case to the Commerce Department. In a letter, Judge Gary Katzmann gave the litigants until March 7 to review the confidential information in the opinion (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00246).

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The case concerns the Commerce Department's finding that the Turkish Inward Processing Regime fails to qualify for a drawback adjustment, which Assan argued cuts against decades of Commerce precedent (see 2202230027). Assan also contested Commerce's decision to deny the respondent the home market rebate adjustment "to which it is entitled."

Assan also challenged Commerce's decision to deduct Section 232 steel and aluminum duties from Assan's export price, which is an issue that has come up in other court cases. Katzmann stayed consideration of this issue "pending final resolution by the Federal Circuit."