KYOCERA SOLAR, INC., KYOCERA MEXICANA S.A. DE C. V., Plaintiffs-Appellants
UNITED STATES INTERNATIONAL TRADE COMMISSION, SOLARWORLD AMERICAS, INC., Defendants-Appellees
from the United States Court of International Trade in No.
1:15-cv-00084-NT, Senior Judge Nicholas Tsoucalas.
Kevin Horgan, DeKieffer & Horgan, PLLC, Washington, DC,
argued for plaintiffs-appellants. Also represented by John J.
Kenkel, Gregory S. Menegaz, Alexandra H. Salzman.
Jane Alves, Office of the General Counsel, United States
International Trade Commission, Washington, DC, argued for
defendant-appellee United States International Trade
Commission. Also represented by Andrea C. Casson, Dominic L.
Timothy C. Brightbill, Wiley Rein, LLP, Washington, DC,
argued for defendant-appellee SolarWorld Americas, Inc. Also
represented by Stephanie Manaker Bell, Tessa V. Capeloto,
Laura El-Sabaawi, Derick Holt, Usha Neelakantan, Maureen E.
Dyk, O'Malley, and Stoll, Circuit Judges.
Solar Inc. and Kyocera Mexicana S.A. de C.V. (collectively,
"Kyocera") appeal a final determination by the U.S.
Court of International Trade ("CIT"). The CIT
reviewed and affirmed the International Trade
Commission's ("Commission") determination that
the statutory text did not support Kyocera's proposed
interpretation of the statute. Because we agree that the
plain meaning of the statute forecloses Kyocera's
proposed interpretation, we affirm.
case concerns solar modules (i.e., solar panels) that
incorporate crystalline silicon photovoltaic
("CSPV") cells from Taiwan. CSPV cells convert
sunlight into electricity using mono- or multi-crystalline
silicon cells. The CSPV cells are strung together, sealed,
laminated, and framed to make solar modules, also known as
CSPV modules. CSPV cells are the main electricity-generating
component of solar modules.
produces and manufactures solar modules abroad and imports
them for sale in the United States. The solar modules at
issue in this case are ultimately assembled in and imported
from Mexico but incorporate Taiwanese CSPV cells. These solar
modules were subject to an antidumping duty investigation
into CSPV products from China and Taiwan. SolarWorld
Industries America, Inc., an American producer of CSPV cells
and modules, had filed antidumping and countervailing duty
petitions alleging material injury and threat of material
injury to a domestic industry by CSPV product imports from
China and Taiwan.
Department of Commerce ("Commerce") defined the
investigation's scope to include cells and modules
produced in Taiwan and certain modules "completed or
partially manufactured" in other countries. The relevant
portion of Commerce's scope definition is reproduced
The merchandise covered by these investigations is
crystalline silicon photovoltaic cells, and modules,
laminates and/or panels consisting of crystalline silicon
photovoltaic cells, whether or not partially or fully
assembled into other products, including building integrated
materials. For purposes of these investigations, subject
merchandise also includes modules, laminates and/or panels
assembled in the subject country consisting of crystalline
silicon photovoltaic cells that are completed or partially
manufactured within a customs territory other than that
subject country, using ingots that are manufactured in the
subject country, wafers that are manufactured in the subject
country, or cells where the manufacturing process begins in
the subject country and is completed in a non-subject
Certain Crystalline Silicon Photovoltaic Products From
the People's Republic of China and Taiwan, 79 Fed.
Reg. 4661, 4667 (Dep't of Commerce Jan. 29, 2014)
(initiating antidumping duty investigations).
later challenged Commerce's scope determination and
requested that it exclude solar modules produced in Mexico
from the investigation's scope, including modules
produced in Mexico using CSPV cells manufactured in Taiwan.
Commerce declined Kyocera's request. It determined that
the investigation would include solar modules produced in
Mexico that incorporated Taiwanese CSPV cells. Commerce
explained that "[m]odules, laminates, and panels
produced in a third-country from cells produced in Taiwan are
covered by this investigation." Certain Crystalline
Silicon Photovoltaic Products from Taiwan, 79 Fed. Reg.
76, 966, 76, 968 (Dep't of Commerce Dec. 23, 2014) (final
determination). Kyocera challenged this scope determination
in a ...