China Wood Flooring: ITA Amends CV Rates for 2 Cos. After CIT Remand
Pursuant a Court of International Trade remand in September, the International Trade Administration is amending the rates assigned to two companies in the countervailing duty order on multilayered wood flooring from China (C-570-971). The court had ruled that the ITA improperly assigned Eswell Enterprise and Elegant Living CV rates of 26.73 percent based on adverse facts available after the agency found the companies to be uncooperative in the CV duty investigation. The ITA should have considered evidence that it had identified the two companies by the wrong names, CIT said. The two companies were actually named Shanghai Eswell Timber and Baroque Timber Industries, respectively. After reconsideration, the ITA is assigning each company the 1.5 percent all others rate.
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Suspension of liquidation for affected entries will continue until the period for appeal of the CIT ruling expires, or until any appeals are resolved, CIT said. Going forward, the ITA will instruct CBP to collect cash deposits at the new rates.
(See ITT's Online Archives 11120805 for summary of the original CV duty order, and 12090401 for summary of the CIT remand.)