CIT sustains Commerce remand redetermination in 2021 softwood lumber AD review
Gov't of Canada v. United States
AI summary
The U.S. Court of International Trade sustained Commerce's remand redetermination in the 2021 administrative review of the antidumping duty order on certain softwood lumber products from Canada, Slip Op. 26-82, Consol. Court No. 23-00187. The remand followed the CAFC's decision in Marmen III, 134 F.4th 1334 (Fed. Cir. 2025), which vacated Commerce's use of the Cohen's d test; Commerce replaced it with a price difference test as the first step of its differential pricing analysis.
Why it matters
The revised rates apply to the 2021 review of certain softwood lumber products from Canada, with Canfor at 5.25%, West Fraser at 7.06% and non-selected companies at 6.26%.
Source: CIT · Slip Opinions · cit.uscourts.gov