US Solar Cell Maker, Designer Ask CIT for More Words for Reply in Solar Cell Duty Pause Suit
U.S. solar cell maker Auxin Solar and solar module designer Concept Clean Energy asked the Court of International Trade for another 3,500 words to reply to arguments from the government and solar cell exporters and importers in the pair's suit on the Commerce Department's duty pause on solar cells and modules from four Southeast Asian countries. Auxin and Concept Clean Energy said opposing counsel either consented or took no position to the motion (Auxin Solar v. U.S., CIT # 23-00274).
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The two companies said "there is simply more to reply to than Solar Plaintiffs are able to fit into the default 7,000 word allotment." They said their request is "functionally akin to the word count enlargement afforded for the Government’s reply in view of the need to address additional amicus arguments" in the massive Section 301 litigation.
Various solar cell exporters and importers in November responded to Auxin and Concept Clean Energy's motion for judgment, arguing that the suit is moot due to a failure to identify an injury that would be redressable through the retroactive imposition of AD/CVD. The parties said this is because the emergency giving rise to the duty pause has ended, all relevant imports have entered the U.S. and all products have been sold and used by end users (see 2411200045).