CS Wind Vietnam Co., LTD. v. United States, No. 15-1850 (Fed. Cir. 2016)
Annotate this CaseThe Commerce Department determined that a Vietnamese manufacturer of wind towers was selling its products in the U.S. at about 51.5% below normal value and imposed antidumping duties under 19 U.S.C. 1673. Commerce used statutory calculation methods that apply when imported goods come from a nonmarket economy, as the wind towers at issue do. The Court of International Trade affirmed. The Federal Circuit reversed in part, with respect to Commerce’s use of packing weights rather than component weights in its calculation of surrogate values. The court affirmed Commerce’s determination not to use Korean purchase prices for flanges, welding wire, and wire flux. The court vacated and remanded Commerce’s overhead determination with respect to jobwork charges, erection expenses, and civil expenses.
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