CIT Overturns Duty Calculation In Avisma Case

Law360, New York (August 24, 2010, 7:02 PM EDT) -- A federal court on Tuesday vindicated Russian metal producer VSC VSMPO Avisma Corp.'s claims that it was being treated unfairly by the U.S. government, effectively ordering the Department of Commerce to lower anti-dumping duty rates on the company's magnesium exports.

Commerce ignored the details of Avisma's operation and invented its own “economic reality” when it applied a 15.77 percent dumping margin to the company's magnesium, the U.S. Court of International Trade's Judge Judith Barzilay said in her order.

Judge Barzilay ordered Commerce to recalculate, this time...
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