CIT Sends Back Use of AFA Regarding Verification of Non-Use of China's EBCP

The Court of International Trade sent back the Commerce Department's remand results in a case on the countervailing duty investigation on wood cabinets and vanities from China. After initially being instructed to find a practical solution to the issue of verifying non-use of China's Export Buyer's Credit Program, Commerce asked CVD respondents Dalian Meisen Woodworking Co. and the Ancientree Cabinet Co. to submit all loan information for each U.S. customer. Meisen found the information irrelevant and did not submit it in the form requested by the agency, while Ancientree submitted loan information for around 90% of its customers. Judge Richard Eaton upheld the use of adverse facts available on Meisen but sent back the decision for Ancientree, finding that perfection is not required to verify non-use.