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CIT Sustains Parts, Remands Parts of CVD Review on Chinese Wood Flooring

The Court of International Trade on March 27 sustained in part and remanded in part the Commerce Department's 2018 review of the countervailing duty order on multilayered wood flooring from China. Judge Timothy Reif upheld Commerce's calculation of a benchmark…

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price for plywood using a weighted average of U.N. Comtrade and International Tropical Timber Organization data, the agency's inclusion of respondents' backboard purchases in the calculation of a benefit from the provision of veneers for less than adequate remuneration, and Commerce's decision to add a 17% value-added tax rate to the benchmark price for various inputs. Reif also upheld the use of adverse facts available against respondent Baroque Timber's use of China's Export Buyer's Credit Program, though he granted the government's voluntary remand request to reconsider the use of such facts against respondent Jiangsu Senmao Bamboo Wood Industry Co., since the company submitted non-use certifications for all of its U.S. buyers.