Sunpreme Inc. v. United States

The Court of International Trade held that Sunpreme’s solar modules are covered by the scope of antidumping and countervailing duty orders on U.S. imports of certain solar cells from China and that the Department of Commerce could not instruct U.S. Customs and Border Protection to continue suspending liquidation of Sunpreme’s solar modules entered or withdrawn from warehouse for consumption before the scope inquiry was initiated. The Federal Circuit affirmed, rejecting Sunpreme’s arguments that the orders did not cover its solar modules because they do not contain crystalline silicon photovoltaic cells, do not have an additional semiconductor substrate (p/n junction), and are thin film products. Commerce cannot order the suspension of liquidation pre-scope inquiry for merchandise possibly subject to an unclear or ambiguous duty order; neither can Customs because allowing it to do so would permit Customs in the first instance to clarify or interpret the ambiguity in the duty order so as to place merchandise within its scope. Customs lacks authority to suspend liquidation under those narrow circumstances and Commerce cannot continue an ultra vires suspension of that kind. View "Sunpreme Inc. v. United States" on Justia Law