CIT Sustains Parts, Remands Parts of Antidumping Review Into Solar Cells From China

The Court of International Trade, in an April 4 opinion made public April 12, sustained parts and sent back parts of the Commerce Department's final results in the 2017-2018 administrative review of the antidumping duty order on solar cells from China. Judge Claire Kelly upheld Commerce's pick of Malaysia as the primary surrogate country and the calculation of surrogate financial ratios. However, the judge remanded Commerce's decision to value silver paste using Malaysian import data, valuation of mandatory respondent Risen's ethyl vinyl acetate and backsheet, use of partial adverse facts available to value missing factor of production data and calculation of the separate rate.

For the use of partial AFA, Kelly said that Commerce failed to show that Risen and Trina -- the review's other mandatory respondent -- didn't fully cooperate. The agency also didn't show that Risen and Trina had the leverage to induce the cooperation of their non-cooperative unaffiliated suppliers.