CIT Sends Back Cross-Owned Input Supplier Analysis in CVD Review

The Court of International Trade remanded the Commerce Department's 2018 administrative review of the countervailing duty order on rebar from Turkey. Judge Gary Katzmann said that, with respect to Commerce's attribution to respondent Kaptan Demir Celik Endustrisi ve Ticaret of subsidies received by affiliated ship building company Nur Gemicilik ve Tic, the agency didn't adequately explain its finding Nur was a cross-owned input supplier of primarily dedicated inputs. Commerce erroneously said that since it previously found that "scrap" is an input primarily dedicated to the production of downstream steel products, "it is a matter of routine." Katzmann ruled this prior decision was fact-specific and not applicable to the present case.