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Changzhou Trina Solar Energy v. ITC

ELR Citation: 48 ELR 20009
Nos. 16-1053, (Fed. Cir., 01/22/2018)

The Federal Circuit upheld rulings by the U.S. Court of International Trade and the U.S. International Trade Commission (ITC) that imports of solar cells from China harmed U.S. producers. American solar producers filed petitions with the Department of Commerce seeking antidumping duties on Chinese solar cells, claiming they were being subsidized by the Chinese government and being sold well under their market value. Commerce agreed with the manufacturers and the ITC later ruled that the U.S. solar market was being injured by the dumping of Chinese cells. Chinese solar cell manufacturers challenged the ITC ruling, arguing that the Commission had not properly found the required causal connection between the unfairly priced or subsidized imports and the weakened state of the domestic industry that it identified as “materially injured by reason of” the imports. The court held that the evidence found by the Commission of a causal nexus was a sufficient basis for its conclusion. The judgment was affirmed.