Solar Cell Exporters Dump 3 Cases Challenging Affirmative Anti-Circ Finding

Plaintiffs on Dec. 20 dismissed three related cases challenging the Commerce Department's anti-circumvention findings regarding the antidumping and countervailing duty orders on solar cells from China. No reason for the dismissals was given. The suits were brought by exporters Red Sun Energy Long An Company, Trina Solar (Vietnam) Science & Technology Co., Trina Solar Energy Development Co., Trina Solar Co. and Trina Solar Science & Technology (Thailand).

In Trina (Thailand)'s case, the exporter took issue with Commerce's sole reliance on the low level of research and development in Thailand to come to a final affirmative circumvention finding (see 2310190037).

Trina (Vietnam) challenged Commerce's decision that the process of assembly in Vietnam is minor or insignificant as unsupported by substantial evidence, while Red Sun said Commerce improperly used adverse facts available based on noncooperation and an untimely questionnaire response.

(Trina Solar Science & Technology (Thailand) v. U.S., CIT # 23-00196) (Trina Solar (Vietnam) v. U.S., CIT # 23-00197) (Red Sun Energy v. U.S., CIT # 23-00198)