Fed. Circ. Flip Could Further Trim Voluntary CVD Respondents

Law360, New York (June 4, 2014, 9:15 PM EDT) -- The Federal Circuit's ruling that the U.S. Department of Commerce must use the countervailing duty rates assigned to companies volunteering for scrutiny when it tallies the catch-all rate for companies excluded from the probe may prod the agency to scale back its already slim acceptance of voluntary respondents, experts say.

A divided panel on Tuesday faulted a long-standing Commerce regulation used for tallying the so-called all-others rate for companies not explicitly named in an investigation that carved out a voluntary rate — a generally lower figure that could drive down the all-others margin. The decision wiped out a hefty CVD that had...

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