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Importer, Exporter to Appeal CIT Case on Respondent Selection, Benchmark Data in CVD Review

Importer Riverside Plywood and exporter Baroque Timber Industries (Zhongshan) will appeal a Court of International Trade case on the 2017 administrative review of the countervailing duty order on multilayered wood flooring from China, joining importer Galleher in appealing the case (see 2510090007) (Jiangsu Senmao Bamboo and Wood Industry Co. v. United States, CIT Consol. # 20-03885).

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Last month, the trade court sustained the Commerce Department's remand results in the review, after the agency added a second respondent, Jiangsu Senmao Bamboo and Wood Industry Co., on remand and reconsidered certain benchmark calculations (see 2509120004).

CIT had also remanded the use of data under Harmonized System subheading 4412.99 in the benchmark calculation for the subsidized plywood program, which Baroque Timber challenged on the grounds that it wholly consists of products the company didn't purchase. On remand, Commerce removed data under subheading 4412.99 from the plywood benchmark (see 2508110013), and the trade court sustained this move.