CIT Upholds Solar Cell AD Review in Confidential Opinion
The Court of International Trade in a confidential Dec. 20 opinion upheld the Commerce Department's remand results in a case on the 2017-18 administrative review of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into…
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modules, from China. In the remand results, Commerce dropped its use of partial adverse facts available over unreported factors of production data, reverting to neutral facts available, and changed how it values silver paste using Malaysian surrogate data (see 2207070047). However, the agency stuck by positions previously sent back by the trade court on how to value backsheets and ethyl vinyl acetate using surrogate data. In a letter to the litigants, Judge Claire Kelly said she wishes to issue a public version of the opinion on "or shortly after" Jan. 4 (Risen Energy Co. v. United States, CIT Consol. # 20-03743).