CIT Tells Parties to Respond to US Remand Request on Duty Drawback Adjustment

The Court of International Trade in a text-only order ordered parties in a suit on the antidumping duty investigation on aluminum foil from Turkey to respond to the government's request for a partial remand regarding the Commerce Department's duty drawback adjustment for respondent Assan Aluminyum Sanayi ve Ticaret. The U.S. said it wants another chance to consider or further explain the "ratio used for the duty drawback adjustment" in the case after considering Assan's arguments (see 2311270064) (Assan Aluminyum Sanayi ve Ticaret v. United States, CIT # 21-00616).

Assan consented to the motion while the petitioners, led by the Aluminum Association Trade Enforcement Working Group, took no position on it without having first seen the motion. The trade court said these parties must respond to the remand motion by Dec. 18 as part of their supplemental briefs. The court's order delays remand instructions from Judge Stephen Vaden despite no direct opposition to the voluntary remand bid.

The exporter filed its suit to argue against Commerce's decision to limit Assan's full duty drawback adjustment, among other things. Recently in the case, Assan filed a notice of supplemental authority in which the company pointed to a separate AD review involving a duty drawback adjustment and Commerce's requirement that only closed inward processing certificates be included in the numerator of Commerce's super unit calculation (see 2311070032). The agency asked for the remand to consider how this impacts its position in the current case.