CIT Again Calls Commerce's NME Policy Into Question

The Court of International Trade in a Feb. 9 opinion again called the Commerce Department's non-market economy policies into question, sending back the Commerce Department's remand results in a case on the fifth administrative review of multilayered wood flooring from China. On remand, Commerce continued to find that AD respondent Jilin Forest Industry Jinqiao Flooring Group Co. failed to show that it was not controlled by the Chinese state. Judge Richard Eaton said that since Commerce has not shown its policy of assigning mandatory respondents the one non-market economy rate to have either statutory or regulatory backing, the agency must reconsider how it legally hit Jilin with the China-wide rate.