CAFC Issues Mandate Permitting Use of AFA in Solar Cell CVD Review

The U.S. Court of Appeals for the Federal Circuit issued its mandate following an opinion allowing the Commerce Department to use adverse facts available due to the Chinese government's failure to provide information on its electricity price-setting practices, in a countervailing duty review. In the January opinion, the appellate court affirmed Commerce's CV duties for the provision of electricity below cost after the Chinese government failed to explain price variations across different provinces (see 2201280033). The March 21 mandate affirms Commerce's results in the administrative review of the CVD order on solar cells from China (Canadian Solar v. United States, Fed. Cir. 21-1434).