Trade Court Rules CBP Overstepped On Solar Cell Duties

By Jennifer Doherty (December 7, 2021, 7:32 PM EST) -- The U.S. Court of International Trade on Tuesday directed U.S. Customs and Border Protection to reassess import duties on three shipments of Chinese solar cell products, ruling that the agency erred by bucking U.S. Commerce Department orders.

Despite clear orders from Commerce directing the agency to impose an anti-dumping margin of 42.33% on Aireko Construction LLC's imports, CBP charged a higher anti-dumping rate, 52.13%, as well as countervailing duties of 26.89% on three shipments of solar cell products that arrived in the U.S. in December 2014, U.S. Trade Judge Claire R. Kelly said.

While Aireko asserted that the levies were unlawful...

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