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,…
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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.