CIT Sends Back Parts, Upholds Parts of CVD Review on Chinese Solar Cells
The Court of International Trade in an Oct. 11 opinion partially sustained and partially remanded the Commerce Department's eighth review of the countervailing duty order on crystalline silicon photovoltaic cells from China. Judge Jane Restani granted the U.S. request for…
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a remand regarding China's Export Buyer's Credit Program and the datasets used to set a benchmark for ocean freight. The court also sent back Commerce's use of a 2010 Thai Coldwell Banker Richard Ellis report in setting the land value benchmark and its de jure specificity finding regarding benefits received from a program that makes income from investment gains derived by a resident enterprise via direct investment in another resident enterprise tax exempt. Restani upheld Commerce's 2017 benefit finding regarding land leases, which was left to coexist in the present review period.