ITC Rules On SolarWorld/Suniva Investigation

In spring of 2017, Suniva Inc. ("Suniva") and SolarWorld Americas, Inc. ("SolarWorld") (together, the "Petitioners"), filed Investigation No. TA-201-075 with the International Trade Commission (the "ITC") under Section 201 of the Trade Act of 1974, Pub. L. 93-618, 88 Stat. 1978, 19 U.S.C. §§ 2101 et seq., which allows the ITC to investigate whether increased imports of a given article are a "substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article[.]" 19 U.S.C. § 2251(a). Upon making a finding of serious injury, the ITC may recommend that the President "take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs." Id. The Petitioners asserted that increased imports of crystalline