Kyocera Solar, Inc. v. United States International Trade Commission

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Kyocera manufactures solar panels in Mexico and imports them to the U.S. The panels incorporate crystalline silicon photovoltaic (CSPV) cells from Taiwan, which are strung together, sealed, and framed to make solar modules. CSPV cells are the main electricity-generating component of solar modules, which were subject to an antidumping duty investigation into CSPV products from China and Taiwan. The Department of Commerce defined the investigation’s scope to include cells and modules produced in Taiwan and certain modules “completed or partially manufactured” in other countries. Kyocera unsuccessfully challenged Commerce’s scope determination, requesting that it exclude solar modules produced in Mexico, including modules using CSPV cells manufactured in Taiwan. Using Commerce’s scope determination, the International Trade Commission determined that an industry within the U.S. had been materially injured by imports of CSPV products from Taiwan. The ITC declined to conduct a separate negligibility analysis under 19 U.S.C. 1677(24), stating that the Commission must defer to Commerce’s definition of the scope of the merchandise subject to these investigations. The Trade Court agreed. The Federal Circuit affirmed, rejecting an argument section 1677(24)’s definition of negligible merchandise directs the Commission to consider whether “imports from a country” are negligible so that imports from Mexico could be considered separately. View "Kyocera Solar, Inc. v. United States International Trade Commission" on Justia Law