CAFC Remands Surrogate Financial Ratios Pick in AD Review on Chinese Solar Cells
The U.S. Court of Appeals for the Federal Circuit on Dec. 9 remanded the Commerce Department's surrogate financial ratios calculation in the 2017-18 review of the antidumping duty order on solar cells from China. Judges Timothy Dyk and Kara Stoll…
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said Commerce's approach to overhead costs in Malaysian company Hanwha Q Cells Malaysia's financial statement "is so unclear that it is insufficient." Judge Leonard Stark disagreed with the majority, finding there to be sufficient evidence to support the agency's approach and charging the majority with providing relief that was not sought by exporter and plaintiff Risen Energy Co. However, the three judges agreed in sustaining Commerce's surrogate value picks for Risen's backsheet and ethyl vinyl acetate inputs.