Ppg Industries, Inc. v. United States, Vitro Flotado, S.A. And Vidrio Plano De Mexico, S.A.

I respectfully dissent.

Affirming this final countervailing duty determination, as my two esteemed colleagues have voted to do, threatens to revive an old International Trade Administration (“ITA”) interpretation of the statute’s specificity requirement previously abrogated under settled law. Indeed, ITA itself abandoned this misinterpretation five years ago after its “general availability test” was rejected by the Court of International Trade (“CIT”) in Cabot Corp. v. United States, 9 CIT 489, 620 F.Supp. 722 (1985). Ever since, both the administering agency and the specialized trade court…