CIT Upholds Commerce's Decision to Drop CVD Rate for EBCP in Review on Solar Cells
The Court of International Trade on Dec. 18 upheld the Commerce Department's decision on remand to drop the countervailing duty on exporter Risen Energy Co. related to its alleged receipt of benefits under China's Export Buyer's Credit Program. Judge Jane Restani said the move was in line with the court's prior decision.
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Commerce initially used adverse facts available against Risen in the 2020 administrative review of the countervailing duty order on solar cells from China related to the EBCP due to the Chinese government's failure to submit certain information about the program. In August, Restani remanded the proceeding so Commerce could attempt verification of Risen's nonuse of the program via nonuse certificates that the company submitted for all but one of its U.S. customers (see 2408160008).
Instead of attempting to undertake verification of Risen's nonuse of the program or use a prorated CVD rate tied to the percentage of customers that submitted verifications, Commerce dropped the 5.46% duty altogether.
(Risen Energy Co. v. U.S., Slip Op. 24-144, CIT # 23-00153, dated 12/18/24; Judge: Jane Restani)