CIT Remands Commerce's Decision Not to Start a Successor-in-Interest CCR in CVD Case
The Court of International Trade in a Nov. 18 opinion sent back the Commerce Department's denial of plaintiff GreenFirst Forest Products' request for a successor-in-interest changed circumstances review of the countervailing duty order on softwood lumber from Canada. GreenFirst applied…
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for the CCR after it acquired Rayonier A.M. Canada and sought to get its non-selected companies' CVD rate of 6.32%. Commerce claimed that it did not start the CCR due to its "significant change" practice that it will not conduct the review where there is evidence of a significant change that could have affected the nature of subsidization. Judge Claire Kelly ruled that "it is unclear" why this practice applies since Rayonier did not have an individually calculated rate.