Antidumping, Constructed Value, and Non-countervailable Subsidies: A Proposed Inclusion of Subsidies After Al Tech Specialty Steel Corp. v. United States

Abstract

Part I discusses the antidumping law in the context of subsidy inclusion in constructed value calculations. Part II outlines the CIT\u27s exclusion of subsidies from the cost component of constructed value in light of the court\u27s policy rationales, and its interpretation of legislative, judicial, and administrative authority. Part III suggests that when a subsidy that benefits production is not countervailable, such as a subsidy that is generally available, the policy of remedying the unfair advantage created by the subsidy outweighs the CIT\u27s policy concern\u27s in Al Tech Specialty