CIT Again Upholds Use of AFA Over China's Export Buyer's Credit Program

The Court of International Trade for the second time upheld the Commerce Department's use of adverse facts available in a countervailing duty case based on the Chinese government's failure to submit information about the Export Buyer's Credit Program. Judge Timothy Reif in a Dec. 8 opinion made public Dec. 16 said information about participating banks was vital enough to Commerce's efforts to verify non-use of the program that the refusal to provide the information justified the use of AFA. The court differentiated the case from another countervailing duty proceeding in which Commerce verified non-use without the requested information, finding in the other case the agency had non-use certifications from the respondent's U.S. customers -- something they did not have in the present case.