In its decision dated April 25, 2023, in Committee Overseeing Action for Lumber International Trade Investigations or Negotiations v. United States, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) restored the authority of the U.S. Department of Commerce (Commerce) to conduct “expedited reviews” in countervailing duty (CVD) proceedings to provide respondents that had not been selected for individual investigation during the original investigation the opportunity to obtain an individual subsidy rate and potentially be excluded from the CVD order upon establishing a de minimis rate (i.e., less than 1% for developed countries and 2% or less for developing countries).
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