Trade Court Upholds Inclusion of Solar Cell Exporter's Sales as US Sales, Cuts Dumping Rate
The Commerce Department properly included sales of solar cells from China to JA Solar USA from antidumping duty respondent Invertec Solar Energy Corp. as U.S. sales, the Court of International Trade ruled March 10. No party contested Commerce's remand results (JA Solar International v. United States, CIT # 21-00514).
While ISEC "expressed uncertainty" over the final destination given certain contract language between the two companies, ISEC had constructive knowledge its sales were meant for the U.S. (see 2303020079), Commerce said on remand. Commerce originally found ISEC did not have knowledge the sales were meant for the U.S., prompting the suit and challenge to the agency's "knowledge test." The reversal of Commerce's position drops ISEC's dumping margin from 21.87% to 7.42%. The agency also calculated a new importer-specific assessment rate for JA Solar.