On Remand, Commerce Once Again Removes EBCP From an Exporter's CVD Rate
In short remand results released Nov. 14, the Commerce Department said it was removing the 5.46% Export Buyers' Credit Program rate from a solar cell exporter’s countervailing duty (Risen Energy Co. v. U.S., CIT # 23-00153).
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Exporter Risen Energy was hit with adverse facts available regarding the program in the initial CVD review because it failed to provide non-use certifications for the program for one of it U.S. customers -- which accounted for 2% of its U.S. sales. Instead, the company provided a sales contract for that noncooperative customer, Commerce said in its results.
Court of International Trade Judge Jane Restani held in August that Risen hadn’t demonstrated that it had any way to rectify the issue (see 2408160008). She also noted that Risen had filled out large parts of the record. Risen argued in its own briefing that Commerce was applying adverse facts available to it for something it had no control over and called the department’s claim that the AFA was directed at the Chinese government rather than individual exporters a “false narrative” (see 2405200042).
In its remand results, the department said that “we note that Commerce’s practice with respect to the EBCP continues to develop as we learn more about the program.”