Wood Flooring Importer, Exporter to Appeal CIT Case on CVD Review
Riverside Plywood and Baroque Timber Industries (Zhongshan) will appeal a Court of International Trade case on the 2018 administrative review of the countervailing duty order on multilayered wood flooring from China (Evolutions Flooring v. United States, CIT Consol. #21-00591).
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In March, the trade court sustained the Commerce Department's finding that backboards are veneers for purposes of identifying a benefit provided to CVD respondents regarding the provision of veneers for less than adequate remuneration (see 2503280020). The court also upheld Commerce's calculation of the benchmark price for plywood using a weighted average of UN Comtrade and International Tropical Timber Organization (ITTO) data, and the agency's decision to add a 17% value-added tax (VAT) rate to the benchmark for various inputs.
In the March decision, CIT also sustained the use of adverse facts available against respondent Baroque Timber for its alleged use of China's Export Buyer's Credit Program, though the court granted the government's voluntary remand request to reconsider the use of AFA against respondent Jiangsu Senmao Bamboo and Wood Industry. On remand, the agency dropped the use of AFA against this respondent after finding that all its U.S. customers verified they didn't use this program.
The trade court upheld this move in a September ruling (see 2509020046).