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CIT Sends Back Commerce's PMS Determination in Biodiesel Antidumping Case

The Court of International Trade in a June 9 opinion made public July 1 sent back the Commerce Department's final determination in the antidumping duty investigation on biodiesel from Indonesia. Commerce found that one or more particular market situations existed…

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for exporter Wilmar Trading's home market sales outside of a government-subsidized grant program. In his remand, Judge Richard Eaton said Commerce must either back its PMS finding with evidence or use the price paid for Wilmar's non-program sales to determine normal value in the investigation. Eaton also sent back Commerce's decision to adjust constructed value.