US Moves to Stay Action of Solar Cell Importer’s Case Until Conclusion of Auxin Solar Case
On Feb. 13, the U.S. moved to stay a Court of International Trade case involving Veregy Central’s complaints against protests denied by CBP regarding the collection of duties on imported solar cells from Thailand and Vietnam, which Veregy claimed were exempt, until the conclusion of Auxin Solar v. United States at the U.S. Court of Appeals for the Federal Circuit (Veregy Central v. United States, CIT # 25-00229).
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Veregy claimed its solar cells fall under President Joe Biden's duty pause on solar cells and modules from Thailand, Vietnam, Cambodia and Malaysia and were imported within 24 months of Biden’s proclamation, according to a complaint filed with CIT in October (see 2510170029).
While the U.S. on Feb. 5 dropped its appeal of the CIT ruling that vacated Commerce’s duty pause, Auxin Solar continues to be litigated in an appeal led by the American Clean Power Association (see 2602050022).
The U.S. said the “final disposition of Auxin Solar will determine the validity of the final agency rule on which Veregy Central’s primary claim relies” and “also have the potential to affect the analysis of Veregy Central’s alternative claims.”
Specifically, the U.S. said that if “CAFC affirms the CIT’s judgment, ... then there will be no ‘Applicable Entries’ eligible for exemption from AD/CVD” and the complaint “will fail” as “it is based on the alleged application of a Rule that will have been permanently vacated.”