CIT Again Remands Expedited CVD Review on Canadian Lumber
The Court of International Trade on Dec. 18 again remanded the Commerce Department's countervailing duty expedited review of softwood lumber products from Canada. After multiple remands, the sole remaining issue concerns the calculation of the CVD rate for respondent Les…
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Produits Forestiers D&G and its cross-owned affiliates, including Les Produits Forestiers Portbec. Specifically, the issue is the method of calculation used to adjust for the amount of lumber D&G and Portbec bought from unaffiliated suppliers when determining how much of the suppliers' subsidies were attributable to D&G. Barnett held that Commerce abused its discretion in the most recent remand by declining D&G's request to reopen the record to provide additional information to help distinguish sales affected by the subsidies. The judge said finality concerns don't overcome this failure.