CAFC Says Commerce Properly Deducted AD Respondent's Tradeable Tax Credits From Export Price in AD Case
The Court of Appeals for the Federal Circuit in an Aug. 2 opinion upheld the Commerce Department's determination in an antidumping investigation of biodiesel from Argentina. Judges Kimberly Moore, Richard Taranto and Todd Hughes held that tradeable tax credits fall…
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within the regulatory definition of a "price adjustment" and deducted the credits from respondent LDC Argentina's export price. The appellate court also ruled that Commerce's use of an international market price for soybeans in its constructed value calculation for biodiesel does not count as a double remedy even though the U.S. imposed countervailing duties on Argentine soybeans.