CAFC Says Commerce Can Limit Comparator Group in De Facto Specificity Analysis
The U.S. Court of Appeals for the Federal Circuit on Dec. 5 held that the countervailing duty statute doesn't require the Commerce Department "to compare the enterprise or industry at issue with all users of the subsidy." Interpreting the statute,…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
which says Commerce can find de facto specificity if a company or industry is "a predominant user of the subsidy," Judges Jimmie Reyna, Sharon Prost and Raymond Chen said the agency has "reasonable flexibility in determining the comparator group." Commerce's decisions to limit the comparator group is reviewed for its reasonableness, the court said.