On February 3, 2020, Enforcement and Compliance, International Trade Administration, Department of Commerce published in the Federal Register a final rule [Docket No. 200128–0035] that modifies 19 C.F.R. 351.502 and adds 19 C.F.R. 351.528 pertaining to the determination of benefit and specificity in countervailing duty proceedings. These modifications clarify how Commerce will determine the existence of a benefit when examining a subsidy resulting from currency undervaluation and clarify that companies in the traded goods sector of the economy can constitute a group of enterprises for purposes of determining whether a subsidy is specific. This rule is effective on, and will apply to all segments of proceedings initiated on or after, April 6, 2020.
