Fed. Circ. Upholds Dumping Duties On Chinese Solar Cells

Law360 (June 15, 2020, 6:31 PM EDT) -- The Federal Circuit on Monday backed the U.S. Department of Commerce's duties on Chinese solar cell imports, finding the agency correctly lowered dumping margins by taking into account the imports' subsidies rates.

In a unanimous decision, the panel ruled that Commerce correctly adjusted anti-dumping duties on Chinese solar cell products so that importers weren't penalized twice for Chinese companies not cooperating with the department's anti-dumping and countervailing investigations into Chinese solar cell imports.

While Commerce has the discretion to penalize foreign companies for not participating in its duty investigations, the department must also calculate rates that accurately reflect actual dumping margins...

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