Use AFA in CVD Review Allowed Due to Lack of Cooperation by Chinese Government, CAFC Says
The Commerce Department can use adverse facts available in a countervailing duty review due to the Chinese government's failure provide information about how electricity processes and costs vary among its provinces, the Court of Appeals for the Federal Circuit said…
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in a Jan. 28 opinion. The opinion, which upheld a Court of International Trade ruling, concerns the fourth administrative review of the CVD order on solar cells from China, in which Commerce identified electricity price variations across different provinces, resulting in a finding of the provision of electricity for less than adequate remuneration.