CIT Sends Back Commerce's Remand in CVD Case Over EBCP, Land Benchmark

The Court of International Trade on April 11 sent back the Commerce Department's remand results in a case on the sixth administrative review of the countervailing duty order on crystalline silicon photovoltaic cells from China. Judge Jane Restani ruled Commerce did not properly use adverse facts available for respondent Risen Energy Co.'s alleged use of China's Export Buyer's Credit Program, finding the exporter provided enough gap-filling information from its customers to show that 95% of its sales did not benefit from the EBCP. Restani also sent back the agency's use of a 2010 CBRE market view report for Thailand in its land benchmark calculation and Commerce's use of Descartes data to value ocean freight.