Trade Court Sustains Use of Cost-Based PMS for Palm Oil in AD Proceeding on Biodiesel
The Court of International Trade on June 11 sustained the Commerce Department's use of a cost-based particular market situation in an AD case on Indonesian biodiesel regarding Indonesian crude palm oil, the main input in biodiesel, due to an Indonesian…
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export levy on crude palm oil. Judge Richard Eaton previously remanded the issue for Commerce to explain how the PMS doesn't amount to a "double remedy" given the companion countervailing duties on the export levy. The judge sustained the agency's explanation that since neither normal value nor U.S. price was affected by the levy, no double remedy exists.