CAFC Issues Mandate in Case on 'Cross-Ownership' Regulation in CVD Cases
The U.S. Court of Appeals for the Federal Circuit on Nov. 17 issued its mandate in a countervailing duty case on the application of the Commerce Department's cross-ownership regulation to respondent Gujarat Fluorochemicals in the CVD investigation on polytetrafluoroethylene (PTFE)…
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resin from India (see 2510080027). Last month, the court said the regulation turns on whether the purpose of the subsidy provided to a cross-owned input provider "is to benefit the production of both the input and downstream products." The court said the Court of International Trade was right to reject Commerce's application of this regulation to Gujarat (Gujarat Fluorochemicals v. United States, Fed. Cir. # 24-1268).