SOLARWORLD AMERICAS, INC. v. U.S.

Slip Op. 17-75, Consol. Court No. 15-00231.

234 F.Supp.3d 1286 (2017)

SOLARWORLD AMERICAS, INC. and Goal Zero, LLC, Plaintiff and Consolidated Plaintiff, v. UNITED STATES, Defendant, and Yingli Green Energy Holding Co., Ltd. et al., Defendant-Intervenors and Consolidated Defendant-Intervenor.

United States Court of International Trade.

June 28, 2017.


Attorney(s) appearing for the Case

Timothy C. Brightbill , Wiley Rein, LLP, of Washington, DC, argued for Plaintiff and Consolidated Defendant-Intervenor SolarWorld Americas, Inc. With him on the brief was Laura El-Sabaawi.

Diana Dimitriuc-Quaia , Arent Fox LLP, of Washington, DC, argued for Consolidated Plaintiff Goal Zero, LLC. With her on the brief were John Marshall Gurley and Aman Kakar.

Tara Kathleen Hogan , Senior Trial Counsel, U.S. Department of Justice, Commercial Litigation Branch — Civil Division, of Washington, DC, argued for defendant. With her on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, and Reginald T. Blades, Jr. , Assistant Director. Of counsel on the brief were Amanda T. Lee and Mercedes C. Morno , U.S. Department of Commerce, Office of the Chief Counsel for Trade Enforcement & Compliance.

Neil R. Ellis , Sidley Austin, LLP, of Washington, DC, argued for Defendant-Intervenors Yingli Green Energy Holding Co., Ltd., Yingli Green Energy Americas, Inc., Yingli Energy (China) Co., Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., Baoding Jiasheng Photovoltaic Technology Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co., Ltd., Hainan Yingli New Energy Resources Co., Ltd., Jinko Solar Import & Export Co., Ltd., and JinkoSolar International Limited, and Jinko Solar Co., Ltd. With him on the brief were Richard L.A. Weiner , Rajib Pal , Shawn Michael Higgins , and Justin Ross Becker.

Robert George Gosselink , Jarrod Mark Goldfeder , and Jonathan Michael Freed , Trade Pacific, PLLC, of Washington, DC, for Defendant-Intervenors Changzhou Trina Solar Energy, Co., Ltd. and Trina Solar (Changzhou) Science & Technology Co., Ltd.


OPINION AND ORDER

This action is before the court on USCIT Rule 56.2 motions for judgment on the agency record challenging the U.S. Department of Commerce's ("Department" or "Commerce") determination in the first administrative review of the antidumping duty ("ADD") order covering crystalline silicon...

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