On May 2, the U.S. Department of Commerce issued a memorandum to update litigation parties on developments in the on-going solar cell and panel circumvention proceeding. Key points from the memorandum are described below, and a copy can be found here.
Several parties—including NextEra, Tesla, Boviet, Jinko, JA Solar and Talesun—have submitted extensive comments to the Commerce Department strongly opposing Auxin’s circumvention claims and requesting that Commerce either rescind the circumvention proceeding or issue a negative circumvention determination as soon as possible. While it is unlikely that Commerce will rescind the circumvention proceeding, or issue a preliminary determination before late August, there is a basis to think that the chances of a negative preliminary circumvention determination have increased.
For background information on the Commerce Department’s circumvention proceeding, please see Orrick’s webinar here. For specific additional information or questions, feel free to reach out to your Orrick client manager or any of our team members who participated in the webinar.