SolarWorld Americas, Inc. v. United States, No. 18-1373 (Fed. Cir. 2018)Annotate this Case
In 2012 the Department of Commerce issued an antidumping duty order, covering Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China. In 2014, Commerce initiated a requested review, limited to the two largest Chinese exporters of that merchandise by volume, Wuxi and Yingli, 19 U.S.C. 1677f-1(c)(2) . Commerce's Final Results calculated a weighted-average dumping margin for Yingli of 0.79%, based in part on its selection of surrogate values for each factor of production, including aluminum frames, and semi-finished polysilicon ingots and blocks. For aluminum frames, Commerce selected a value derived from import data based on Thai Harmonized Tariff Schedule Heading 7604 for “[a]luminum bars, rods[,] and profiles,” other than those specifically provided for in other subheadings at a comparable level, For semi-finished polysilicon ingots and blocks, Commerce selected the “world market price for polysilicon of $18.19 per kilogram.” SolarWorld sued, arguing that Commerce should have calculated a higher antidumping margin for Yingli and erred by undervaluing the surrogate values for Yingli’s inputs. The Trade Court and Federal Circuit affirmed Commerce’s final results of remand redetermination. Commerce’s selection of surrogate values for both aluminum frames and semi-finished polysilicon ingots and blocks is supported by substantial evidence and otherwise in accordance with law.