Trade Court Grants Commerce's Remand Bid to Reconsider Number of Respondents in CVD Review
The Court of International Trade in a Feb. 14 order granted the Commerce Department's bid for a voluntary remand to address its selection of only one respondent in a countervailing duty case. Judge Timothy Reif gave the agency 45 days to file its remand results (Jiangsu Senmao Bamboo and Wood Industry Co. v. U.S., CIT Consol #20-03885).
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The case stems from the 2017 CVD administrative review on multilayered wood flooring from China in which Commerce initially tapped Baroque Timber Industries and Jiangsu Guyu International Trading as the mandatory respondents. Following a remand proceeding at CIT, the agency dropped Jiangsu Guyu as a mandatory respondent after its reconsideration of the company's entry data resulted in it no longer being one of the largest exporters of wood flooring (see 2212130034).
In a separate case at the U.S. Court of Appeals for the Federal Circuit, the appellate court held that Commerce cannot use only one mandatory respondent where multiple exporters have requested a review (see 2208290026), which prompted Commerce to seek the voluntary remand in this case.