CIT Remands Use of AFA on China's EBCP in Confidential Decision on CVD Case

The Court of International Trade in a confidential July 22 opinion remanded the Commerce Department's decision to continue using adverse facts available against countervailing duty respondent The Ancientree Cabinet Co. related to its alleged receipt of benefits under China's Export Buyer's Credit Program. Judge Richard Eaton said he intends to issue a public version of the decision "in the near future," giving the parties until July 29 to review the opinion for confidential information (Dalian Meisen Woodworking Co. v. U.S., CIT # 20-00110).

The court was reviewing Commerce's remand decision on the CVD investigation on wooden cabinets and vanities from China in which the agency continued to use AFA against Ancientree (see 2312080058). Commerce said it tried to verify Ancientree's submissions regarding its customers' non-use of the EBCP but was unable to verify key information.

Eaton previously remanded the case after Commerce said Ancientree submitted loan information for most but not all of its customers, precluding the agency's ability to verify that the respondent's U.S. customers didn't use the program. Eaton said perfection isn't required in verifying non-use (see 2305030063).