CIT Upholds Commerce's Decision to Prorate Exporter's CVD Rate on China's EBCP

The Court of International Trade on June 12 sustained the Commerce Department's remand results in the countervailing duty investigation on wooden cabinets and vanities from China. Judge Richard Eaton said Commerce complied with his remand instructions by prorating the countervailing duty set on exporter The Ancientree Cabinet to account for the percentage of its U.S. customers that failed to verify nonuse of China's Export Buyer's Credit Program. As a result, Commerce lowered Ancientree's CVD cash deposit rate from 13.33% to 5.06% and calculated individual CVD rates for the exporter's U.S. buyers, though the agency said the cash deposit rate has been superseded by the cash deposit rate given to Ancientree based on the 2022 review of the CVD order.