United States Federal Circuit

In a case in which the Department of Commerce assessed countervailing duties on a steel company for its purchases of iron ore products in India, the U.S. Court of International Trade's judgment is: 1) affirmed in part, where a) Commerce's decision to apply countervailing duties for the subsidies on purchases from a state-owned company was supported by substantial evidence and comported with regulation, and b) substantial evidence supported Commerce's decision to impose countervailing duties for benefits received under India's Special Economic Zone Act; and 2) reversed in part, where the trial court exceeded its authority when it remanded the case to Commerce with an order to apply adverse facts as to whether the company received countervailable benefits from a state-run program.

Appellate Information

• Decided 04/27/2012
• Published 04/27/2012

Judges

• Moore

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Mark P. Lunn, David D'Alessandris