Asociacion de Exportadores e Industriales de Aceitunas de Mesa et al v. United States
by: Katzmann

Section: Federal Circuit and CIT Case Summaries

The CIT remanded Commerce’s remand results in the countervailing duty investigation of ripe olives from Spain. The court concluded that Commerce’s interpretations of de jure specificity under Section 1677(5A), and of the meaning of “prior stage product” under Section 1677-2, were unreasonable and not in accordance with law. The court rejected Commerce’s interpretation of de jure specificity based on the unambiguous language of the statute. Commerce also unreasonably interpreted Section 1677-2 because the interpretation rendered certain portions of the statute superfluous.