Solar Cell Importers, Exporters Ask CAFC to Consolidate Appeals on Duty Pause
A group of solar cell importers and exporters asked the U.S. Court of Appeals for the Federal Circuit to consolidate its appeal of a Court of International ruling vacating the Commerce Department's 2022-2024 duty pause on the collection of antidumping and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam with the government's appeal of the same order (Auxin Solar v. United States, Fed. Cir. # 25-2120).
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Counsel for the U.S. and for the plaintiffs, a U.S. solar cell maker and a solar module designer, both consented to this motion, the brief said. The importers and exporters, led by the American Clean Power Association, said the appeals "present a classic case for consolidation."
The association said a "streamlined resolution of the cases" will "facilitate judicial economy and prevent unnecessary and duplicative briefing," since the appeals stem from the same CIT decision and "would ultimately involve overlapping legal and factual issues." The interests in efficiency are heightened here, since the "consolidation status of the appeals will directly impact the briefing schedule for defendants-appellants’ appeal in this case," the brief said.