This morning, the Federal Circuit released a precedential opinion in a trade case involving an antidumping administrative review. Here is the introduction to the opinion.
Canadian Solar International v. United States (Precedential)
Ningbo Qixin Solar Electrical Appliance Co. Ltd. (“Qixin”) appeals a final judgment of the United States Court of International Trade (“CIT”). The CIT sustained a remand determination by the Department of Commerce (“Commerce”) that Qixin was not eligible for a separate rate in an antidumping administrative review and held that Commerce did not err in declining to rescind the review.
On appeal, Qixin contends that (1) the CIT should have granted Qixin’s motion for leave to file new factual material and (2) Commerce should have rescinded the administrative review because Commerce had determined that Qixin had made no entries during the period of review. Because (1) the CIT did not abuse its discretion in denying Qixin’s motion to file new material out of time and (2) Commerce did not make a conclusive finding that Qixin had no entries in the period of review as required to rescind a review under the applicable regulation, we affirm.