Canadian Gov't to Appeal Canadian Wind Tower Countervailing Duty Case

The Canadian Government, along with its other plaintiffs in a countervailing duty case, will appeal a March Court of International Trade decision upholding the Commerce Department's positions on all five issues under contention in a dispute involving wind towers from Canada. According to the May 16 notice of appeal, the Canadian Government, along with the Government of Quebec, Marmen Inc., Marmen Energie and Marmen Energy Co., will take their case to the U.S. Court of Appeals for the Federal Circuit (The Government of Quebec v. United States, CIT Consol. #20-00168).

At CIT, Judge Gary Katzmann said that Commerce permissibly excluded a foreign currency adjustment from plaintiff Marmen Energie's auditor from the total sales denominator as unreliable, reasonably found the Quebec Local Content Requirement provided a recurring benefit, and acted within its authority to find that the Quebec On-the-Job Training Tax Credit was a de facto subsidy (see 2203230064). Commerce also legally excluded some increased tax liabilities in computing the benefit conferred by a Canadian tax credit and acted lawfully when finding the financial benefit from additional depreciation for buildings used in manufacturing, the judge ruled.