Commerce Asks Trade Court to Sustain Remand Redetermination Despite Protest

The Court of International Trade should affirm Commerce's remand redetermination in a countervailing duty investigation on granular polytetrafluorethylene resin from India, despite the department dropping a subsidy under protest, Commerce said in its March 16 response to remand comments (Gujarat Fluorochemicals Ltd. v. U.S., CIT # 22-00120).

In the remand results, Commerce dropped a 26.5% subsidy rate from its CVD calculation "under respectful protest" following the court's instruction (see 2302240038). The subsidy stemmed from a 30-year lease on a land tract offered by India's State Industrial Development Corporation, which Commerce said was done at less than fair value.

Petitioner Daikin America said that it wanted the court to uphold the remand results so that it could possibly appeal the land subsidy decision to the U.S. Court of Appeals for the Federal Circuit (see 2303100031).