Exporters to Appeal CIT Decisions on Solar Cell Circumvention Investigations
Exporters BYD (H.K.), Canadian Solar International and Canadian Solar Manufacturing (Thailand) will appeal a pair of May Court of International Trade decisions finding that various exporters circumvented the antidumping duty and countervailing duty orders on Chinese solar cells by sending their products through Thailand and Cambodia (see 2505160045). In both decisions, the trade court upheld Commerce's decision to put special emphasis on the amount of research and development investment the companies put into their Thai facilities to show that the companies' processes in the country were "minor or insignificant."
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Canadian Solar joins Trina Solar in taking their cases, which CIT decided together and centered on circumvention of the orders via Thailand, to the U.S. Court of Appeals for the Federal Circuit (Canadian Solar International v. United States, CIT # 23-00222).
BYD will appeal the court's decision to uphold Commerce's finding that the company circumvented the orders via the case Cambodia (BYD (H.K.) Co., Ltd. v. United States, CIT # 23-00221.