Trade Court Sustains Commerce's Remand in Chinese Solar Cell Countervailing Duty Case
The Court of International Trade in a May 19 opinion upheld the Commerce Department's remand results in a case over the 2016 administrative review of the countervailing duty order on crystalline silicon photovolvatic cells from China. In the most recent decision, the trade court sent back five elements of the review: Commerce's benchmark calculation for aluminum extrusions, the agency's benchmark determination for solar grade polysilicon, Commerce's use of adverse facts available in its specificity finding for the provision of subsidized electricity, the decision not to grant an entered value adjustment for Canadian Solar and its position on China's Export Buyer's Credit Program.
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In the opinion, Judge Jane Restani upheld Commerce's new benchmark for aluminum extrusions, the position that the Chinese solar-grade polysilicon market is distorted, the agency's specificity finding for electricity subsidies using AFA, Commerce's decision to grant an EVA to Canadian Solar and the agency's decision to find that the respondents' U.S. customers did not use the EBCP.