Changzhou Trina Solar Energy Co., Ltd. v. International Trade Commission

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SolarWorld sought imposition of antidumping duties under 19 U.S.C. 1673–1673h and countervailing duties under 19 U.S.C. 1671– 1671h on crystalline silicon photovoltaic cells, modules, laminates, and panels (CSPV products) imported from China. The U.S. Department of Commerce agreed that the subject imports were being sold in the U.S. at less than fair value and were being unfairly subsidized by the Chinese government. The International Trade Commission determined that a U.S. industry was materially injured by reason of imports of the CSPV products from China. The Court of International Trade rejected an argument that the Commission had not properly found the required causal connection between the unfairly priced or subsidized imports and the weakened state of the domestic industry and sustained the Commission’s determination. The Federal Circuit affirmed. In substance, the Commission made a determination of “but-for causation” and had an adequate basis for doing so. The determination rested on detailed findings about demand conditions and the domestic market's business cycle, the roles of conventional and renewable sources of electricity, government incentives and regulations at all levels, domestic consumption trends, market segments, who was supplying the domestic market, what happened to prices and market shares during the period of investigation, and the ways in which the domestic industry’s financial performance was very poor and deteriorating. View "Changzhou Trina Solar Energy Co., Ltd. v. International Trade Commission" on Justia Law