US to Appeal CIT Decision Vacating Duty Pause on Southeast Asian Solar Cells
The U.S. will appeal a recent Court of International Trade decision vacating the Commerce Department's decision not to collect antidumping and countervailing duties on solar cells from Cambodia, Malaysia, Thailand and Vietnam (Auxin Solar v. United States, CIT # 23-00274).
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In August, the trade court held that Section 1318(a) of the Trade Act of 1930, which lets the president grant duty-free treatment to certain goods "for use in emergency relief work," doesn't cover solar cells and modules (see 2509020039). As a result, CIT vacated Commerce's decision not to collect AD/CVD on solar cells from the four Southeast Asian nations, which was made after President Joe Biden declared an emergency due to a lack of electricity generation capacity under Section 1318(a).
Judge Timothy Reif stayed his ruling after various solar cell importers and exporters asked the court to stop the ruling from taking effect while it appeals the case (see 2509190025).