CIT Sends Back Use of Adverse Inferences for China's EBCP

The Court of International Trade in an Aug. 25 opinion sent back the Commerce Department's 2018 review of the countervailing duty order on woven ribbons from China. Judge Timothy Stanceu said the agency did not support its use of adverse facts available against exporter Yama Ribbons and Bows Co.'s alleged use of the Export Buyer's Credit Program. The judge ruled that Commerce's use of AFA was "critically flawed" since it was based on "missing" information the agency never requested from the Chinese government, adding information from the Chinese state and Yama is sufficient to refute any finding that Yama could have benefited from the program. Stanceu also remanded Commerce's finding that Yama benefited from the provision of synthetic yarn and caustic soda for less than adequate remuneration, per the agency's request, since Commerce forgot to add the document it based its finding on to the record.