Solar Cell Exporters Again Challenge Commerce's Use of AFA Related to China's EBCP

Solar cell exporter Shanghai JA Solar Technology Co., along with JA Solar Technology Yangzhou Co. and JingAo Solar Co., kicked off their challenge to the final results of the seventh administrative review of the countervailing duty order on crystaline silicone photovoltaic cells from China in an Oct. 27 complaint at the Court of International Trade. JA Solar received the all-others CVD rate, which totaled 19.28%. The companies are challenging the Commerce Department's reliance on adverse facts available related to China's Export Buyer's Credit Program due to Commerce's failure to verify non-use of the program by the respondents' U.S. customers (Shanghai JA Solar Technology Co., Ltd., et al. v. United States, CIT #21-00548).

The agency's policy on this issue may have recently changed, however, as it said in a different countervailing duty investigation that it verified non-use without certain information requested from the Chinese government (see 2110140053). CIT has repeatedly held that Commerce's use of AFA related to the EBCP was unlawful.