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CIT Orders Vacates Pause on AD/CVD on Southeast Asian Solar Cells, Orders Duty Collection

Court of International Trade Judge Timothy Reif on Aug. 22 vacated the Commerce Department’s pause on antidumping and countervailing duties on solar cells from Thailand, Cambodia, Vietnam and Malaysia -- in place until June 6, 2024 -- after a finding that the countries' exporters were circumventing an antidumping duty on solar cells from China (Auxin Solar v. United States, CIT # 23-00274).

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The U.S. “shall promptly liquidate and collect antidumping and countervailing duties on any currently unliquidated entries found to be circumventing the antidumping and countervailing duty orders on CSPV products from China” in a 2023 final circumvention determination to which the pause was applied,” said Judge Timothy Reif’s order, issued alongside a confidential opinion.

“Should any of the aforementioned entries be liquidated prior to the issuance of judgment in this action,” the U.S. “shall promptly identify, collect any uncollected antidumping and countervailing duties on, and reliquidate all such entries,” the order said.