Commerce Says AD Respondent Had Knowledge Solar Cell Sales Meant for US

Taiwanese exporter Inventec Solar Energy Corp. (ISEC) had constructive knowledge that sales to JA Solar USA were destined for the U.S., so those sales should be included as U.S. sales in the antidumping duty rate calculated for ISEC in an administrative review on solar products from Taiwan, the Commerce Department said in March 2 remand results (JA Solar International v. United States, CIT # 21-00514).

On remand from the Court of International Trade (see 2212190065), Commerce found, although ISEC "expressed uncertainty" over the final destination of the goods given certain contract language put in the final contract, the company had constructive knowledge that the sales were meant for the U.S. The agency pointed to ISEC's "previous communications” with its subcontractor, JA Solar, the fact that ISEC shipped its solar cells to the U.S. before the contract was finalized, and that the sales price didn’t change after the contract was finalized

In the original final results, ISEC had said that some of its solar cell sales to JA Solar, a subcontractor, constituted U.S. sales since the company knew the goods were headed for the U.S. after assembly, but Commerce disagreed and dropped the sales from the U.S. sales database when calculating export price, prompting a lawsuit from JA Solar challenging Commerce's "knowledge test." The reversal in Commerce's position on remand would result in a fall in ISEC's margin, from 21.87% to 7.42%, if sustained. Commerce also calculated a new importer-specific assessment rate for JA Solar.