CIT Upholds Parts, Sends Back Parts of Aluminum Foil CVD Review

The Court of International Trade in a March 21 opinion made public March 29 upheld parts and sent back parts of the Commerce Department's final results in the first administrative review of the countervailing duty order on aluminum foil from China. Judge Timothy Reif said Commerce properly rejected a benchmark submission from the respondents, led by Jiangsu Zhongji Lamination Materials Co., and legally calculated the benchmark for the primary aluminum program. Reif remanded the case on the grounds that the agency did not properly explain its decision to pick the Trade Data Monitor data source to calculate the aluminum plate/sheet program benchmark or its selection of data to calculate the benchmark for the land program.