CIT Tells Commerce to Supplement the Record in Solar Cell Anti-Circumvention Case

The Court of International Trade last week granted exporter Red Sun Energy Long An Co.'s motion to supplement the record after the company noted the Commerce Department "omitted several critical pieces of information from the official certified copy" of the record in the 2023 anti-circumvention inquiry on solar cells from Vietnam it filed with the court (Red Sun Energy Long An Co. v. U.S., CIT # 23-00229).

Red Sun said Commerce omitted "correspondence with Red Sun concerning its filing difficulties with ACCESS, Commerce’s electronic filing system, (2) Workflow communications and ACCESS filing confirmation receipts, and (3) other ex parte communications with Red Sun during the course of the administrative proceeding" (see 2404030054).

Judge M. Miller Baker ordered the U.S. to add to the administrative record a "copy of all information presented to or obtained by" Commerce received by Red Sun in the proceeding; a "full memorialization of any and all ex parte communications, contacts, and communications with Red Sun" related to the proceeding; and "ACCESS confirmation receipts, Workflow communications, and any other communications to or from Red Sun."