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CIT Sustains Parts, Remands Parts of CVD Review Into Utility Scale Wind Towers From Vietnam

The Court of International Trade remanded in part and sustained in part the Commerce Department's final results in the 2018 administrative review of the countervailing duty order on utility scale wind towers from Vietnam, in a March 24 opinion made public April 4. Judge Timothy Reif said that on remand Commerce must address evidence presented by CVD petitioner Wind Tower Trade Coalition of respondent CS Wind Vietnam's alleged manipulation of the denominator used in the benefit calculation and evidence relating to the country of origin of CS Wind Vietnam's steel plate.

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Reif sustained Commerce's decision not to use adverse facts available relating to any benefit from the Import Duty Exemptions program and the agency's decision to use the sales from CS Wind Korea -- CS Wind Vietnam's parent company -- as the denominator for the subsidy calculation.