In US – Carbon Steel (India) (Article 21 Sample Clauses

In US – Carbon Steel (India) (Article 21. 5 - India) the Panel disagreed with India's argument that the USDOC had acted inconsistently with Article 19.3 by disregarding CVD rates previously agreed in domestic court proceedings, in determining the "appropriate amounts" of countervailing duties.25 The Panel also rejected India's argument that the USDOC had failed to provide a reasoned and adequate explanation for its decision to disregard such previously agreed rates. In so finding, the Panel pointed out that while there may be factual situations where it would be appropriate to compare new CVD rates with previously calculated rates, there was no such requirement in the Section 129 Determination at issue.26
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