CIT Sustains Commerce Positions in Canadian Wind Tower CV Duty Case
The Court of International Trade in a March 18 opinion made public March 23 sustained the Commerce Department's final determination in the countervailing duty investigation on utility scale wind towers from Canada. Addressing the five issues raised by the plaintiffs,…
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Judge Gary Katzmann said Commerce permissibly excluded plaintiff Marmen's foreign auditor's foreign currency adjustment as unreliable, reasonably found the Quebec Local Content Requirement provided a recurring benefit and acted within its authority to find that the Quebec On-the-Job Training tax credit was a de facto subsidy. Commerce also legally excluded some increased tax liabilities and acted lawfully when finding the financial benefit from additional depreciation for buildings used in manufacturing, Katzmann said.