CIT Upholds Commerce's Remand Results in Case on Chinese Solar Cells AD Review

The Court of International Trade in a Dec. 20 opinion made public Jan. 4 upheld the Commerce Department's remand results in a case on the 2017-18 administrative review of the antidumping duty order on crystalline silicon photovoltaic cells from China. In the remand results, Commerce dropped its use of partial adverse facts available for unreported factors of production data, reverting to neutral facts available, and changed how it values silver paste using Malaysian surrogate data. The agency maintained positions previously sent back by the trade court on how to value backsheets and ethyl vinyl acetate using surrogate data, offering new explanations now to Judge Claire Kelly's liking.