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CIT Again Sends Back Commerce's Refusal to Open Successor-in-Interest Review in CVD Case

The Court of International Trade in a July 6 opinion sent back the Commerce Department's denial of exporter GreenFirst Forest Products' request for a successor-in-interest changed circumstances review for the purposes of countervailing duties on softwood lumber products from Canada.…

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GreenFirst sought the review after it acquired Rayonier A.M. Canada's lumber mills, arguing it is entitled to RYAM's "non-selected" CVD rate rather than the 14.19% all-others rate. Judge Claire Kelly remanded Commerce's decision not to start the review for the second time, finding the agency did not address her question of why Commerce's successor-in-interest practice is reasonable for non-individually examined companies.