CIT Rebuffs Hefty Duty Rate On Chinese Aluminum

Law360, New York (March 20, 2015, 3:36 PM EDT) -- The U.S. Court of International Trade on Friday rejected the U.S. Department of Commerce's lofty countervailing duty rate on a Chinese aluminum extrusion producer, finding that the agency did not back the rate up with a sufficient analysis of the subsidies the company may have received.

CIT Judge Claire R. Kelly ruled that Commerce was within it rights to hit Tai Shan City Kam Kiu Aluminium Extrusion Co. Ltd. with an "adverse facts available" CVD rate of 121.22 percent, but its decision to craft the rate by examining location-specific subsidy programs across all of China did not provide effective corroboration.

"Commerce's methodology...

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