CIT Vacates Pause on AD/CVD on Southeast Asian Solar Cells
In a confidential opinion released Aug. 22, Court of International Trade Judge Timothy Reif 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,” the order said.
“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.
The judge granted a motion for judgment brought by domestic solar cell producer Auxin Solar and solar module designer Concept Clean Energy. The suit survived a U.S. motion to dismiss in January 2024 (see 2401230040) and opposition from the government (see 2410300053) and solar cell importers and exporters led by the American Clean Power Association (see 2411200045). Reif heard oral argument in June 2025 (see 2506270058).