Solar Panel Exporters Seek Oral Argument in EBCP Case

A group of solar companies led by JA Solar asked the Court of International Trade on Aug. 16 for the opportunity to conduct oral arguments in a countervailing duty case involving the non-use of China's Export Buyer's Credit Program (Risen Energy Co. v. U.S. CIT # 22-00231).

The group said oral arguments could cover the legality of four Commerce Department decisions, including the agency’s determination that the Enterprise Income Tax Law Program was countervailable and that the alleged benefits under the Tax Exemption Program were recurring. Oral arguments also could cover the legality of the agency’s decision to include the 2010 Asian Marketview report by CB Richard Ellis in calculating the benchmark for the provision of land for “less than adequate remuneration,” and Commerce’s “refusal” to revise the benefit calculations under the land program from the 2017 administrative review.

The motion is so far unopposed. JA Solar said that the counsel for the plaintiff, Risen Energy, consented to the motion, while the government "defers to the court."