Sidley Austin secured a significant victory for Yingli Green Energy Holding Co., Ltd., securing a 0% dumping margin on imports of solar cells from China.
On June 24, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) concluded that the U.S. Department of Commerce didn’t reasonably calculate an anti-dumping duty on Chinese solar cell imports, finding that the agency didn’t efficiently explain why it used Thailand import data to determine the duty rate.
The case arises in the context of the second administrative review of the antidumping duty order on imports of crystalline silicon photovoltaic cells from China, in which the Department of Commerce (DOC) calculated a 12.19% dumping margin for Yingli. Because of the unpredictability of the DOC’s non-market economy methodology, the entire margin was generated by an aberrational “surrogate value” for a single input in Yingli’s production of solar cells — tempered glass.
The Sidley team was led by Richard Weiner (Picture) and Neil Ellis, along with Raj Pal, Shawn Higgins, Justin Becker, Carys Golesworthy, Gavin Cunningham, Maya Shair, and Kate Bartoli.
Involved fees earner: Justin Becker – Sidley Austin LLP; Neil Ellis – Sidley Austin LLP; Carys Golesworthy – Sidley Austin LLP; Shawn Higgins – Sidley Austin LLP; Rajib Pal – Sidley Austin LLP; Richard Weiner – Sidley Austin LLP;
Law Firms: Sidley Austin LLP;