SolarWorld Americas, Inc. v. United States, No. 19-1591 (Fed. Cir. 2020)Annotate this Case
In 2012, the Department of Commerce issued an antidumping duty order on crystalline silicon photovoltaic cells from China. In 2015, Commerce initiated the first administrative review of this antidumping duty order. Domestic and foreign producers each challenged aspects of Commerce’s 2016 Final Results under 19 U.S.C 1516a(a)(2). After remands, the Trade Court sustained Commerce’s determinations of dumping margins of 6.55% for Trina, 0% for Yingli, and 8.52% for BYD. The Federal Circuit vacated with respect to Commerce’s selection of Thailand as “the primary surrogate country” under 19 C.F.R. 351.408, as necessary to determine “normal price” for a non-market economy country, and calculation of a surrogate value for Trina’s nitrogen input using Thai import data published by the Global Trade Atlas. The court affirmed with respect to Commerce’s decision to use zero-quantity data; use of Thai HTS subheadings 3920.62 and 3920.10 to value Trina’s and Yingli’s backsheets; and remand to Commerce to further justify or reconsider its use of Thai GTA data to value Yingli’s tempered glass input.