CIT Denies Exporter's Bid to Amend Complaint in Chinese Solar Cell CVD Case

The Court of International Trade in a Nov. 30 opinion denied exporter Risen Energy Co.'s bid to amend its complaint in a case on the 2020 review of the countervailing duty order on solar cells from China. The exporter tried to add a claim that China's Article 26(2) tax program is not a de jure specific countervailable subsidy following a CIT ruling in a separate case brought by Risen, in which the court said the program is not de jure specific. Judge Jane Restani said that because the issue was not raised administratively at any point, Risen now could not bring the claim before the court. Waiving the exhaustion requirement is "inappropriate" because the exporter does not raise a "pure question of law" but one that requires additions to the record, Restani said.