Full opinion text
OPINION AND ORDER Kelly, Judge: This action is before the court on Plaintiffs USCIT Rule 56.2 motion for judgment on the agency record challenging the United States Department of Commerce’s (“Commerce”) determination that Plaintiffs solar modules are subject to anti-dumping and countervailing duty orders covering certain crystalline silicon photovoltaic (“CSPV”) cells, whether or not assembled into modules, from the People’s Republic of China (collectively “Orders”). See Pl.’s Mot. J. Agency R., Dec. 5, 2016, ECF No. 75-1 (“Pl.’s Mot.”); see also Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the People’s Republic of China: Final Ruling in the Scope Inquiry, Sept. 14, 2016, ECF No. 28^4 (“Final Scope Ruling”); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People’s Republic of China, 77 Fed. Reg. 73,017 (Dep’t Commerce Dec. 7, 2012) (countervailing duty order) (“CVD Order”); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People’s Republic of China, 77 Fed. Reg. 73,018 (Dep’t Commerce Dec. 7, 2012) (amended final determination of sales at less than fair value and antidumping duty order) (“ADD Order”). Additionally, Plaintiff challenges as contrary to law Commerce’s liquidation instructions to U.S. Customs and Border Protection (“Customs” or “CBP”), which ordered CBP to collect cash deposits and to suspend liquidation on entries entered prior to the initiation of the scope inquiry that culminated in Commerce’s issuance of the Final Scope Ruling. Pl.’s Mot.; see also Message Number 6214307, AD PD 74, bar code 3505143-01 (Sept. 1, 2016), Message Number 6214307, CVD PD 80, bar code 3505146-01 (Sept. 1, 2016) (collectively “Liquidation Instructions”); Message Number 6246309, AD PD 75, bar code 3505144-01 (Sept. 2, 2016), Message Number 6246309, CVD PD 81, bar code 3505147-01 (Sept. 2, 2016) (collectively “Corrected Liquidation Instructions”). For the reasons that follow, the court denies Plaintiffs motion for judgment on the agency record and sustains Commerce’s final scope determination that Plaintiffs imported solar modules are subject to the Orders. However, the court grants Plaintiffs motion for judgment on the agency record on its claim challenging as contrary to law Commerce’s liquidation instructions directing CBP to continue suspension of liquidation and to collect, cash deposits with respect to entries prior to the initiation of the scope inquiry. Accordingly, the court directs Commerce to issue new liquidation instructions consistent with this decision. BACKGROUND Plaintiff, Sunpreme Inc. (“Sunpreme”), is a U.S.-based importer of solar modules manufactured by Jiawei Solarchina (Shen-zen) Co., Ltd. (“Jiawei Shenzen”) in the People’s Republic of China. See Pl.’s Mem. Supp. Mot. J. Agency R. 3, Dec. 5, 2016, ECF No. 75 (“Sunpreme Br.”) (incorporating by reference Pl.’s-Mot. Prelim. Inj. and Mem. P & A. Supp. Thereof, Sept. 8, 2016, ECF No. 21 (“Mot, PI”)); Compl. ¶ 6, 20, Aug. 26, 2016, ECF No. 2 (“Compl.”). Plaintiff imports solar modules, which it describes as containing bi-facial solar cells with “an innovative thin film technology, the Hybrid Cell Technology, developed and owned by Sunpreme.” Compl. ¶ 22. Plaintiff designs, develops, and tests the imported solar cells that form the imported solar modules at its facility in California. Id. Plaintiff avers that all of its solar modules that are the subject of Commerce’s Final Scope Ruling consist of solar cells made with amorphous silicon thin films and are certified by an [industry certification body] as thin film modules under the international standard IEC 61646: 2008 which covers “Thin film terrestrial photovoltaic (PV) modules. Design qualification and type approval.” Compl. ¶ 21. Plaintiff alleges that its cells are “made of several layers of amorphous silicon less than one micron in thickness, deposited on both sides of a substrate consisting of a crystalline silicon wafer.” Compl. ¶ 23. Plaintiff alleges its cells have a p/i/n junction consisting of “thin film p-i-(wafer substrate)-i-n junctions,- formed by four amorphous silicon thin film depositions.” Compl. ¶ 24; see also Sunpreme Br. 28. Plaintiff asserts that “the junction is made by the layers of p/i and i/n amorphous silicon on both the front and the back of the substrate, such that the junction is formed on the wafer and inside the thin film layers.” Compl. ¶25; Sunpreme Br. 28. Further, Plaintiff claims it uses a blank crystalline silicon wafer as a substrate for the thin films in order to improve the mechanical reliability of the modules. That wafer is not processed by doping, does not contain a p/n junction, nor is it otherwise processed to become a[] CSPV cell. Without the amorphous silicon layers, the substrate is a blank silicon wafer, not a CSPV'cell. Compl. ¶ 26; see also Sunpreme Br. 28. On December 7, 2012, Commerce published the Orders. See CVD Order, 77 Fed. Reg. at 73,017; ADD Order, 77 Fed. Reg. at 73,018. The scope language of the Orders is identical, and provides: The merchandise covered by this order is [CSPV] cells, and modules, laminates and panels, consisting of [CSPV] cells, whether or not partially or fully assembled into other products, including but not limited to, modules, laminate's, panels and building integrated materials. This order covers [CSPV]' cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, me-tallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Excluded from the scope of this order are thin film photovoltaic products produced- from amorphous silicon- (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). CVD Order, 77 Fed. Reg. at 73,017; ADD Order, 77 Fed. Reg. at 73,018. On December 11, 2012, Commerce notified CBP of the CVD Order and instructed CBP, effective December 6, 2012, to require cash deposits equal to the subsidy rates in effect at the time of entry. See PL’s Mot. Prelim. Inj. and, Mem. P. & A. Supp. Thereof Exs. Ex. 7, Sept. 8, 2016, ECF No. 21-1. On December 21, 2012, Commerce notified CBP of the ADD Order and instructed CBP, effective December 7, 2012, to require a cash deposit or the posting of a bond equal to the dumping margins in effect at the time of entry. See Pl.’s Mot. Prelim, Inj. and Mem. P. & A. Supp. Thereof Exs. Ex. 6, Sept. 8, 2016, ECF No. 21-1. The instructions issued in connection with the ADD Order provided an exporter-specific antidumping duty rate of 13.94 percent for Jiawei Shenzhen, the manufacturer of the solar panels imported by Sunpreme. See id. Prior to approximately April of 2015, Plaintiff had been entering its modules as ordinary consumption entries without depositing antidumping or countervailing duties. See Def.’s Corrected Mem. Resp. PL’s Mot, Prelim. Inj. 4, Sept. 27, 2016, ECF No. 42 (“Def.’s Resp. PI”); see generally Sunpreme Inc. v. United States, 40 CIT -, -, 145 F.Supp.3d 1271, 1279 (2016) (“Sunpreme I”). GBP instructed Plaintiff to file its entries as type “03,” the type of entries subject to antidumping and countervailing duties. See Def.’s Resp. PI 4; see generally Sunpreme I, 40 CIT - at -, 145 F.Supp.3d at 1279. Plaintiff complied with CBP’s instructions. See Mot. PI 12; see generally Sunpreme I, 40 CIT at -, 145 F.Supp.3d at 1281. As a result of Plaintiffs entry of its merchandise as type “03” CBP began collecting cash deposits, and liquidation of these entries was suspended by operation of law. On November 16, 2015, Plaintiff filed an application for a scope ruling requesting that Commerce find Plaintiffs solar modules outside the scope of the Orders. See Request for a Scope Ruling on Solar Modules With Bi-Facial Thin Film Cells, AD PD 1-6, bar codes 3417556-01-06 (Nov. 16, 2015); Request for a Scope Ruling on Solar Modules With Bi-Facial Thin Film Cells, CVD PD 1-6, bar codes 3417582-01-06 (Nov. 16, 2015) (collectively “Sunpreme Scope Ruling Request”). Plaintiff requested Commerce issue a scope ruling on an expedited basis due to financial difficulties the company was experiencing. Sunpreme Scope Ruling Request at 2; see also Compl. ¶28. On December 30, 2015, Commerce initiated a formal scope inquiry. See Scope Inquiry Initiation on Photovoltaic Modules Imported by Sunpreme, AD PD 9, bar code 3428728-01 (Dec. 30, 2015); Scope Inquiry Initiation on Photovoltaic Modules Imported by Sunpreme, CVD PD 15, bar code 3428730-01 (Dec. 30, 2015). On June 17, 2016, Commerce placed a final ruling in a scope inquiry involving the applicability of the Orders to Triex photovoltaic cells manufactured by Silevo, Inc. on the record of this scope proceeding. See Memo re: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People’s Republic of China: Request for Additional Factual Information and Comments in Sunpreme Scope Inquiry at Att.,> AD PD 29, bar code 3479321-01 (June 17, 2016); Memo re: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People’s Republic of China: Request for Additional Factual Information and Comments in Sunpreme Scope Inquiry at Att., CVD PD 35, bar code 3479320-01 (June 17, 2016) (collectively “Triex Scope Ruling”). In that determination, Commerce found the Triex solar cell to be covered by the scope of the Orders. See Triex Scope Ruling at 38. Commerce invited interested parties to submit additional factual information, and comments to distinguish the relevant Sunpreme product from the Triex product. Memo re: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People’s Republic of China: Request for Additional Factual Information and Comments in Sunpreme Scope Inquiry at 1, AD PD 29, bar code 3479321-01 (June 17, 2016); Memo re: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, From the People’s Republic of China: Request for Additional Factual Information and Comments in Sunpreme Scope Inquiry at 1, CVD PD 35, bar code 3479320-01 (June 17, 2016). On July 29, 2016, Commerce issued the Final Scope Ruling in which it determined that Sunpreme’s imported solar modules are subject to the Orders based on the language of the Orders and the criteria in 19 C.F.R. § 351.225(k)(l). See Final Scope Ruling at 12-17. Commerce considered the plain language of the Orders and determined that the scope language covers products that: “(1) are CSPV cells, (2) are at least 20 micrometers [ (“pm”) ] thick, (3) contain a p/n junction, and (4) are excluded thin film products.” Final Scope Ruling at 13. Relying upon the plain language of the Orders and its analysis in the Triex Scope Ruling, Commerce concluded that Plaintiffs products had all of the characteristics of in-scope merchandise, and Commerce further determined that Sunpreme’s merchandise was not excluded by the Order’s language excluding thin film photovoltaic products. Id at 18. Because Commerce determined that its analysis of the language of the Orders and the sources enumerated under 19 C.F.R. § 351.225(k)(l) are dispositive as to the meaning of ambiguous scope language, Commerce determined that it did not need to consider the criteria under 19 C.F.R. § 351.225(k)(2) or the parties’ comments on how those'criteria might help Commerce interpret thé scope language of the Orders. Id at 19. On August 1, 2016, Commerce notified CBP that Plaintiffs merchandise was within the scope of the Orders and instructed Customs to “[cjontinue to suspend liquidation of entries of solar cells from the [People’s Republic of China (“PRC”) ], including the bifacial solar products imported by Sunpreme ... subject to the anti-dumping [and countervailing] duty order[s] on solar cells from the PRC.” Liquidation Instructions. On September 2, 2016, Commerce issued messages to Customs correcting its prior instructions regarding suspension of liquidation. The corrected messages instruct Commerce to [continue to suspend liquidation of entries of merchandise subject to the an-tidumping [and countervailing] duty order[s] on solar cells from the PRC. Accordingly, because the bifacial solar products imported by Sunpreme ... are subject to the antidumping [and countervailing] duty order[s] on solar cells from the PRC, for entries of such merchandise that are currently suspended from liquidation, continue to suspend those entries from liquidation. For entries of bifacial solar products imported by Sunpreme ... that are not already suspended from liquidation, begin suspension and collect cash de.posits at the applicable rate for entries that entered or were withdrawn from warehouse for consumption on or after 12/30/2015. Corrected Liquidation Instructions. . On September 8, 2016, Sunpreme filed a motion for a preliminary injunction seeking to enjoin Defendant, together with its delegates, officers, agents, servants, and employees of CBP, from -requiring Sun-preme to pay cash deposits and enter its solar modules as subject to the Orders in accordance with Commerce’s liquidation instructions while this action is considered. See Mot. PI. The court denied Plaintiffs motion for a preliminary injunction seeking to enjoin CBP from collecting cash deposits on entries entered or withdrawn from warehouse on or after initiation of the Final Scope Ruling. Sunpreme Inc. v. United States, 40 CIT -, -, 181 F.Supp.3d 1322, 1326 (2016) (“Sunpreme II”). However, the court enjoined Commerce from ordering CBP to collect cash deposits and enjoined CBP from collecting cash deposits on entries entered or withdrawn from warehouse prior to Commerce’s initiation of the scope inquiry that is the subject of this challenge until the entry of a final-and conclusive court decision in this matter, Id. ■ JURISDICTION AND STANDARD OF REVIEW The Court has jurisdiction over Plaintiffs challenge to Commerce’s scope determination pursuant to Section 516A of the Tariff Act of 1930, as amended, 19 U.S.C. § 1516a(a)(2)(B)(vi) and 28 U.S.C. § 1581(c) (2012), which grant the court authority to review actions contesting scope determinations that find certain merchandise to be within the class or kind of merchandise described in an antidump-ing or countervailing duty order. See 19 U.S.C. § 1516a(a)(2)(B)(vi); 28 U.S.C. § 1581(c) (2012). The court must “hold unlawful any determination, finding or conclusion found ... to be unsupported by substantial evidence on the record, or otherwise not in accordance with law ....” 19 U.S.C. § 1516a(b)(l)(B)(i). Plaintiff argues that the Court possesses jurisdiction over its claim challenging Commerce’s liquidation instructions under 28 U.S.C. § 1581(c). See Sunpreme Suppl. Br. Proper Jurisdictional Basis Hearing PL’s Claim Challenging Liquidation Instructions 2-6, Aug. 11, 2017, ECF No. Ill (“Sunpreme Suppl. Br.”). Defendant argues that “Sunpreme’s challenge to the [liquidation] instructions (Count VI of the Complaint) represents a challenge to the administration and enforcement' of the [Final] Scope Ruling. Accordingly ... the proper jurisdictional basis for the Court to review Sunpreme’s claim is 28 U.S.C. § 1581(i) — and not subsection 1581(c).” Def.’s Suppl. Br. Resp. Court’s July 24, 2017 Order, and Mot. Dismiss Count VI Compl. Lack Subject Matter Jurisdiction Under 28 U.S.C. § 1581(c) 6-7, Aug. 11, 2017, ECF No. 110 (“Def.’s Suppl. Br.!’). However, Defendant does not object to the Court permitting Sunpreme to amend its pleadings to invoke 28 U.S.C. § 1581(i) because Plaintiff would be capable of commencing a separate action to challenge Commerce’s liquidation instructions and consolidating it with this action. Id. at 7. See id. SolarWorld supports Defendant’s position. See Def.-Intervenor So-larWorld Americas, Inc. Suppl. Br., Aug. 11, 2017, ECF No. 111. Plaintiff also argues in the alternative that, if the court found jurisdiction proper under 28 U.S.C. 1581(i), Sunpreme should be allowed to amend its complaint to assert jurisdiction over its claim under 28 U.S.C. § 1581(i) (2012). See Sunpreme Suppl. Br. 7. For the reasons that follow, the Court has jurisdiction over the Plaintiffs challenge to the liquidation instructions issued by the U.S. Department of Commerce following the scope determination under review in this action pursuant to 28 U.S.C. § 1581(i) (4). In addition to the enumerated jurisdictional bases provided for in the Court’s jurisdictional statute, the Court has exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law providing for “tariffs, duties, fees, or other taxes on the importation of merchandise for reasons other than the raising of revenue,” see 28 U.S.C. § 1581(f)(2) (2012), and “administration and enforcement” with respect to laws providing- for such tariffs, duties, fees, or other taxes and the “administration and enforcement” of claims that can be challenged under 28 U.S.C. § 1581(c), see 28 U.S.C. § 1581(i)(4) (2012). Sunpreme’s challenge to the liquidation instructions issued by Commerce is a challenge to Commerce’s administration and enforcement of the Final Scope Ruling, and not to the substánce of the Final Scope Ruling itself. See Compl. ¶ 71 (stating that “any suspension should have commenced as of the date of initiation of the scope inquiry or upon Commerce’s finding that the Sunpreme bifacial solar products are within the scope of the [anti-dumping and countervailing duty orders]”). Jurisdiction is improper under § 1581(c), as the challenge to the instructions does not relate to the review the scope' determination issued pursuant to" 19 U.S.C. 1516a, over which the Court has jurisdiction under § 1581(c). Commerce did not determine within its Final Scope Ruling what entries should be subject to suspension and liquidation or cash deposits.-Nor does the record indicate that any party provided comments on the propriety of issuing liquidation instructions that applied retroactively to entries that entered prior to the initiation of the scope inquiry. Therefore, Commerce issued its liquidation instructions in the administration and enforcement of its Final Scope Ruling and not as a part of that determination. Sunpreme argues that, where a plaintiff claims harm from liquidation instructions that were a direct result of a scope determination, the true nature of the challenge relates to the scope ruling itself. See Sun-preme- Suppl. Br. 3. In support of its argument, Sunpreme cites cases holding that the Court possesses-jurisdiction to review a challenge that stems from a scope ruling under 28 U.S.C. § 1581(c). See id. at 4-6 (citing AMS Assocs., Inc. v. United States, 36 CIT -, 881 F.Supp.2d 1374 (2012) (“AMS I”); United Steel Fasteners, Inc. v. United States, 41. CIT -, 203 F.Supp.3d 1235 (2017); Ethan Allen Operations, Inc. v. United States, 39 CIT -, 121 F.Supp.3d 1342 (2015)). As an initial matter, in the cases cited by Sunpreme, no party challenged the jurisdictional basis for the Court to hear the challenge in question, and none of the holdings in the cases, cited by' Sunpreme addressed the propriety of hearing the challenges under 28 U.S.C. § 1581(c). Moreover, all of these cases are distinguishable in that Commerce addressed the issue of retroactivity of its scope determination in the determination being reviewed by the Court pursuant to 19 U.S.C. §, 1516a and 28 U.S.C. § 1581(c). Here, Commerce did not address the issue of retroactivity in its Final Scope Ruling. Sunpreme also argues that jurisdiction is not proper under § 1581 (i) because the Court only has jurisdiction under § 1581(i) where Commerce’s liquidation instructions are erroneous or contrary to the final scope ruling. Sunpreme Suppl. Br. 6 (citing Shinyei Corp. of Am. v. United States, 355 F.3d 1297, 1304-05 (Fed. Cir. 2004); Con-sol. Bearings Co. v. United States, 348 F.3d 997, 1002 (Fed. Cir. 2003)). Although Sunpreme correctly points out that both cases upon which it relies involved liquidation instructions that were erroneous or contrary to the final scope ruling, nothing in the holding of either case limits the Court’s jurisdiction under § 1581(i) to circumstances where Commerce acts erroneously or inconsistently with its own determination. Although Defendant moves to dismiss Plaintiffs challenge to Commerce’s liquidation instructions pursuant to USCIT Rule 12(b)(1), over which Plaintiff pled the Court had jurisdiction pursuant to 28 U.S.C. § 1581(c), Defendant does not object to Plaintiff amending its complaint to bring the same claim under § 1581®. See Def.’s Suppl. Br. 7. Even if Sunpreme has explicitly invoked § 1581(c), the court may construe the allegations of a pleading as presenting a claim under § 1581® incident to its authority to view the allegations in the pleadings liberally and in the light most favorable to Plaintiff. See Cedars-Sinai Med. Ctr. v. Watkins, 11 F.3d 1573, 1583 (Fed. Cir. 1993) (stating that allegations can be taken as true and construed in a light most favorable to the complainant where a Rule 12(b)(1) motion challenges the Court’s subject matter jurisdiction based on the sufficiency of the allegations in the pleadings). In light of Defendant’s lack of opposition to allowing Plaintiff to amend its pleading, there is no reason to dismiss Plaintiffs claim or to require the amendment of the pleadings to determine that the Court has jurisdiction over Plaintiffs claim under § 1581®. The court reviews an action brought under 28 U.S.C. § 1581® under the same standards as provided under § 706 of the Administrative Procedure Act (“APA”), as amended. See 28 U.S.C. § 2640(e) (2012). Under the statute, [t]he reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings and conclusions found to be— (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right. 5 U.S.C. § 706(2)(A), (C). Under the arbitrary and capricious standard, courts consider whether the agency “ ‘entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or [the decision] is so implausible that it could not be ascribed to a difference in view or the product of agency expertise.’” Alabama Aircraft Indus., Inc. v. United States, 586 F.3d 1372, 1376 (Fed. Cir. 2009) (quoting Motor Vehicle Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29, 43, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983)). DISCUSSION I. Commerce Reasonably Determined that Sunpreme’s Imported Modules Are In-Scope Sunpreme argues that Commerce’s determination that Sunpreme’s cells are dis-positively in-scope merchandise based upon the plain language of the Orders and the criteria under 19 C.F.R. § 351.225(k)(l) is contrary to law and unsupported by substantial evidence for several reasons. First, Sunpreme argues that Commerce’s definition of CSPV cells is not supported by the plain language of the Orders or the (k)(l) sources. See Sun-preme Br. 8-17. Sunpreme also argues Commerce lacked substantial evidence to conclude that Sunpreme’s imported modules are composed of CSPV cells as that term is used in the scope language. See Sunpreme Br. 17-23. Second, Sunpreme claims that Commerce’s determination that the cells in Sunpreme’s imported merchandise are more than 20 |xm thick is not supported by substantial evidence. Id. at 23. Third, Sunpreme contends that Commerce’s interpretation of the term “p/n junction formed by any means” is contrary to law and that Commerce unreasonably concluded that the p/i/n junction in Sun-preme’s cells is a p/n junction formed by any means. See id. 24-32. Fourth, Sun-preme contests Commerce’s interpretation of the term thin film photovoltaic products and Commerce’s determination that Sun-preme’s imported merchandise is not covered by the language in the Orders excluding thin film photovoltaic products. Id. at 32^40. After briefly reviewing the legal framework for Commerce’s interpretation of scope language, the court discusses each of Sunpreme’s challenges to Commerce’s scope determination in turn. A. Legal Framework The language of an antidumping or countervailing duty order dictates its scope. See Duferco Steel, Inc. v. United States, 296 F.3d 1087, 1097 (Fed. Cir. 2002) (citing Ericsson GE Mobile Commc’ns, Inc. v. United States, 60 F.3d 778, 782 (Fed Cir. 1995)). Commerce’s regulations provide that, where Commerce issues scope rulings to clarify the scope of an ambiguous order with respect to particular products, in addition to the scope language, Commerce will take into account descriptions of the merchandise contained in: (1) the petition; (2) the initial investigation; (3) and past determinations by Commerce, including prior scope determinations (collectively “(k)(1) sources”). 19 C.F.R. § 351.225(k)(1) (2015). When the (k)(l) sources are not dispositive, Commerce will further consider: (i)The physical characteristics of the product; (ii) The expectations of the ultimate purchasers; (iii) The ultimate use of the product; (iv)The channels of trade in which the product is sold; and (v) The manner in which the product is advertised and displayed; 19 C.F.R. § 351.225(k)(2) (collectively “(k)(2) sources”). Commerce has broad authority “to interpret and clarify its antidumping duty orders.” Ericsson GE Mobile, 60 F.3d at 782 (citing Smith Corona Corp. v. United States, 915 F.2d 683, 686 (Fed. Cir. 1990)), as corrected on reh’g (Sept. 1, 1995)); see also King Supply Co., LLC v. United States, 674 F.3d 1343, 1348 (Fed. Cir. 2012) (stating that Commerce is entitled to substantial deference with regard to interpretations of its own antidumping orders). However, Commerce may not interpret an order “so as to change the scope of that' order, nor can Commerce interpret an order in a manner contrary to its terms.” Eckstrom Indus., Inc. v. United States, 254 F.3d 1068, 1072 (Fed. Cir. 2001) (citing Wheatland Tube Co. v. United States, 161 F.3d 1365, 1370 (Fed. Cir. 1998)). Furthermore, “[s]cope orders may be interpreted as including subject merchandise only if they contain language that specifically includes the subject merchandise or may be reasonably interpreted to include it.” Duferco, 296 F.3d at 1089. Although the petition and the investigation proceedings may aid in Commerce’s interpretation of the final order, the order itself “reflects the decision that has been made as to which merchandise is within the final scope of the investigation and is subject to the order.” Id. at 1096. Therefore, to the extent Commerce determines that any terms of the Orders are ambiguous, Commerce must interpret the relevant language in the Orders to determine whether it includes the merchandise at issue. The scope language.of the Orders at issue provides: The merchandise covered by this order is [CSPV] cells, and modules, laminates and panels, consisting of [CSPV] cells, whether or not partially or fully assembled into other products, including but not limited to, modules, laminates, panels and building integrated materials. This order covers [CSPV] cells, of thickness equal to or-greater than 20 [|xm], having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not, limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. • • Excluded from-the scope of this order are thin film photovoltaic products produced from ■ amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). CVD Order, 77 Fed. Reg. at 73,017; ADD Order, 77 Fed. Reg. at 73,018. After considering the plain language of the Orders, Commerce determined that the scope language calls upon it to consider whether Sunpreme’s products: “(1) are CSPV cells, (2) are at least 20 micrometers [ (“|xm”) ] thick, (3) contain a p/n junction [formed by any means], and (4) are excluded thin film products.” Final Scope Ruling at 13. B. Sunpreme’s Solar Modules Consist of CSPV Cells Sunpreme contends that Commerce’s interpretation of the term CSPV cells unreasonably expands -the scope beyond the definition of that term as .used in the Orders. Sunpreme Br. 10-15. Further, Sunpreme claims that Commerce’s definition is unsupported by either the plain language of the orders or the sources enumerated in 19 C.F.R. §■ 351.225(k)(l). Id. at 15-23. Defendant responds' that Commerce reasonably relied upon the Triex Scope Ruling to interpret the term CSPV cells. Def.’s Resp. Pl.’s Rule 56.2 Mot. J. Upon Agency R. 13-19, Mar. 1, 2017, ECF No. 88 (“Def.’s Resp. Br,”). In addition, Defendant argues that Commerce properly determined that the cells in Sunpreme’s solar modules meet the definition of CSPV cells. Id. at 19-21. For the reasons that follow, Commerce acted in accordance with law by interpreting the term “CSPV cells” based on the plain language of the Orders and the (k)(l) sources. Commerce’s determination that Sunpreme’s cells meet Commerce’s definition is also supported by substantial evidence. The Orders describe the subject merchandise as CSPV cells and “modules .'..' consisting of CSPV cells, whether or not partially or fully assembled into other products, including, but not limited to modules,” see CVD Order, 77 Fed Reg. 73,-017, ADD Order, 77 Fed. Reg.. 73,018, but the term CSPV cell is not defined in the Orders. Commerce determined that the term “CSPV cell” requires .that the cell rely on crystalline silicon to generate electricity even where other materials, such as amorphous silicon or other metal oxides, are present in the cell. Final Scope Ruling 13. That interpretation is reasonable because the petition, a (k)(l) source, states that CSPV cells contain crystalline silicon, see Final Scope Ruling at 13. Further, Commerce relied upon the Triex Scope Ruling, also a (k)(l) source, which defines a CSPV cell as a cell that relies on crystalline silicon to generate electricity. Final Scope Ruling at 13 (citing Triex Scope Ruling at 30). Commerce also reasonably determined that Sunpreme’s cells meet the definition of CSPV by crediting Sun-preme’s characterization of the crystalline silicon substrate in its product as serving a primary role (i.e., the primary solar absorber), which Commerce found shows that the wafer is an active component in the generation of electricity. See id. at 14 (citing Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from The People’s Republic of China: Sunpreme Inc.’s Submission of Comments Regarding the Silevo Final Scope Ruling at 14, 27-28, AD PD 66, bar code 348958-01 (July 5, 2016); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Module's, from The People’s Republic of China: Sunpreme Inc.’s Submission of Comments Regarding the Silevo Final, Scope Ruling at 14, 27-28, CVD PD 72, bar code 348960-01 (July 5, 2016) (collectively “Sunpreme Comments on Triex Scope Ruling” (stating that the raw wafer in Sunpreme’s cells have a positive or negative orientation that is inherent in the wafer production process, and “the role of the wafer substrate is primarily a light absorbing material and a stable mechanical/thermal interface for the amorphous silicon cells”). Commerce determined that the function of the crystalline silicon substrate in the cells making up Sunpreme’s modules is similar to that of the crystalline silicon substrate in the Triex cells in that the substrate in Sun-preme’s cells is involved in the absorption of sunlight for conversion to electricity. Final Scope Ruling at 14. Commerce’s interpretation of the ambiguous term CSPV cell therefore relies on the language in the Orders, and (k)(l) sources, the petition and the Triex Scope Ruling. Therefore Commerce’s interpretation is in accordance with law. Furthermore, Sunpreme points to no evidence either detracting from Commerce’s findings regarding the function of the crystalline silicon substrate in its cells or distinguishing that function from the function of the crystalline silicon component in the Triex cells. Commerce’s determination that Sunpreme’s cells meet the definition of a CSPV cell is therefore supported by substantial evidence. Sunpreme raises numerous arguments challenging the support in the scope language and (k)(l) sources for Commerce’s interpretation of the term CSPV cell. All are unpersuasive. First, Sunpreme argues that the International Trade Commission’s (“ITC”) description of a CSPV cell requires that the crystalline silicon component of a CSPV cell be able to function independently as a solar cell because the ITC report describes the crystalline silicon in a CSPV cell as performing the function of converting sunlight into electricity. Sun-preme Br. 16-17. Further, Sunpreme claims that nothing in the ITC’s report indicates that the function of converting sunlight into electricity is shared with any other components in a CSPV cell. See id. (citing Request for a Scope Ruling on Solar Modules with Bi-Facial Thin Film Cells at Ex. 9 at 5, AD PD 1-6, bar codes 3417556-01-6 (Nov. 18, 2015); Request for a Scope Ruling on Solar Modules with Bi-Facial Thin Film Cells at Ex. 9 at 5, CVD PD 1-6, bar codes 3417582-01-06 (Nov. 16, 2015) (collectively “ITC Injury Determination”) (stating that “CSPV cells use either monocrystalline silicon or multicrystalline silicon to convert sunlight into electricity”)). However, the language of the Orders controls the scope. See Duferco, 296 F.3d at 1089. Sunpreme points to no language in the Orders indicating that-the crystalline silicon component of a CSPV cell must be able to function independently as a solar cell before being incorporated into a photovoltaic product or that the crystalline silicon must be capable of converting sunlight into electricity on its own. Moreover, the notion that the ITC description does not reference that the function may be shared between the crystalline silicon component of a CSPV cell and some other component does not indicate that the ITC meant to exclude products where the electricity generating function is shared between the crystalline silicon component and other parts of the cell. See ITC Injury Determination at 5. Therefore, Commerce reasonably relied upon the petition and the Triex Scope Ruling, both (k)(l) sources, to interpret the term CSPV cell to include a product containing crystalline silicon that is an active component in electricity generation even where that function may be shared with other parts of the cell. See Final Scope Ruling at 13-14. Sunpreme also argues that Commerce’s definition of a CSPV cell as a photovoltaic cell that relies upon crystalline silicon to generate electricity is- contrary to law because Commerce’s definition is inconsistent with other (k)(l) sources, including the petition and the investigations of Commerce and the ITC injury determination. Sunpreme Br. 10. Sunpreme .contends that Commerce’s definition allows cells containing only a crystalline silicon wafer without a p/n junction to be considered CSPV cells without support in the plain language ; of the orders or in the relevant (k)(l) sources. See id.- Sunpreme’s narrower understanding of a CSPV cell requires a specific type of p/n junction that is formed within the CSPV cell. See id. at 12-14. However, as discussed more fully below, the term p/n junction is not defined in the Orders. Commerce’s definition of a CSPV cell does require the presence of-a p/n junction, albeit not of the specific structure advocated by Sunpreme. See Final Scope Ruling at 15-16. Commerce relied upon the plain language of the Orders, which references “a p/n junction formed by any means” and the Triex Sc.ope Ruling, a (k)(l) source, to conclude that a p/n junction formed by any means includes architectures in which the positively charged and negatively charged layers are in close proximity. See Final Scope Ruling at 15; see also Triex Scope Ruling at 17-18 (reasoning that the purpose of the crystalline silicon’ wafer serves the same purpose in both a traditional CSPV cell and the Triex cell: electricity generation between positively and negatively doped regions of the cell). Therefore, Commerce’s definition of a CSPV is consistent with the plain language of the orders as well as the (k)(l) sources, which require subject merchandise to contain “a p/n junction formed by any means.” Next, Sunpreme argues that Commerce’s definition of a CSPV cell, which requires only that a CSPV cell'rely upon crystalline silicon to generate electricity, is inconsistent with the ITC’s definition of the term “CSPV cell.” Id. at 12 (citing ITC Injury Determination at 5 (stating that “CSPV cells use either monocrystalline silicon or multicrystalline silicon to convert sunlight into- electricity”)). Sunpreme specifically argues that “the precise wording of the ITC’s description undermines Commerce’s definition ,.. [a]s ‘rely’ is a vague term ... [which permits] a layer of crystalline' silicon [to] do less than' ‘convert sunlight' into electricity’ but still meet the definition of a CSPV cell.” Id. The language indicating that CSPVs “use crystalline silicon” may be vague, but it is not inconsistent with Commerce’s interpretation of the function of crystalline silicon in a CSPV cell. Nothing in the ITC’s, description cited by Sunpreme requires the crystalline silicon to perform the role of converting sunlight into electricity without the aid of other cell components. See ITC Injury Determination at 5. Sunpreme claims that Commerce’s definition of a CSPV cell is not based upon an interpretation of ambiguous language in the Orders, but rather is based upon statements made in the Triex proceeding that do not apply to Sunpreme’s product. Sun-preme 18-19. However, Commerce relies upon its interpretation of the. ambiguous term CSPV cell from the Triex Scope Ruling because it determined that the function of the crystalline silicon component in the Triex cells and the cells making up Sun-preme’s modules is similar. See Final Scope Ruling at 14 (citing Triex Scope Ruling at 30). Commerce based its conclusion that the crystalline silicon substrate in. the Sunpreme cells is involved in' electricé ty generation on Sunpreme’s own statement that the crystalline silicon substrate in the cells making up its modules contains doped crystalline silicon substrates that enhance the function of the amorphous silicon layers and act as the primary solar absorbers. See id. Sunpreme fails to point to evidence on the record undermining Commerce’s conclusion that the crystalline silicon substrate in its cells is involved in electricity generation. Therefore, Commerce’s reasonably adopted the interpretation of the ambiguous term CSPV cell from the Triex ruling and determined that unrefuted record evidence supports the notion that Sunpreme’s cells meet that definition. Sunpreme also insists that Commerce’s failure to consider the factors under 19 C.F.R. § 351.225(k)(2) without addressing the unique factual records developed for each product renders Commerce’s determination unsupported by substantial evidence. Sunpreme Br. 31-32. However, Commerce’s regulations provide that it will analyze the criteria in 19 C.F.R. § 351.225(k)(2) only where the (k)(1) criteria are not dispositive. See 19 C.F.R. § 351.225(k)(2). To be dispositive, the (k)(l) criteria must definitively answer the scope question. Sango Int’l, L.P. v. United States, 484 F.3d 1371, 1379 (Fed. Cir. 2007) (citations omitted). Here, Commerce reasonably concluded that the language of the petition and the interpretations of the scope language in the Triex Scope Ruling sufficiently clarify the general definition of a CSPV cell to allow Commerce to reasonably conclude that Sunpreme’s merchandise meets that definition. See Final Scope Ruling at 13-14. Commerce’s interpretation of a CSPV cell in the Triex Scope Ruling relied upon the general functionality of the crystalline silicon component in the Triex cell, and Sunpreme points to no record evidence undermining that the. crystalline silicon component of its cells performs a similar function in the generation of electricity. Therefore, Commerce’s determination that Sunpreme’s products meets the definition of a CSPV cell, as clarified by the (k)(l) sources, is supported by substantial evidence. C. Sunpreme’s Cells Are At Least 20 fim Thick Sunpreme argues that Commerce’s determination that Sunpreme’s cells are at least 20 qm thick is unsupported by substantial evidence because the crystalline silicon substrate component of Sunpreme’s cell should be excluded from the measurement of the product’s thickness. Sunpreme Br. 23. Instead, Sunpreme contends that Commerce should be measuring the amorphous silicon layers, which it argues are far thinner than 20 |xm, deposited "onto the crystalline silicon substrate. See id. at 23-24. Defendant responds that Commerce properly included the crystalline silicon component in its measurement of Sun-preme’s cells because Commerce reasonably determined that the scope language calls upon it to measure the thickness of the active components of the cell. Def.’s Resp. Br. 26. For the reasons that follow, Commerce’s determination that Sun-preme’s cells meet the 20 |xm thickness threshold is supported by substantial evidence. The plain language of the Orders does not explicitly state what portion of a CSPV cell must exceed the thickness threshold provided in the scope language. Rather, the Orders provide that the CSPV cell must be at least 20 |xm thick. CVD Order, 77 Fed. Reg. 73,017, ADD Order, 77 Fed. Reg. 73,018. Commerce concluded that the crystalline silicon component must be included in measuring the thickness of a CSPV cell because the crystalline silicon component plays an essential role in electricity generation. See Final Scope Ruling at 14. It is reasonably discernible that Commerce concluded that the scope language calling upon it to consider the thickness of a CSPV cell includes all functional components of the cell that play a role in generating electricity from solar energy. See id. That interpretation is reasonable, given the plain language of the Orders. Sunpreme contends that Commerce should have excluded the crystalline silicon substrate component when measuring the thickness of Sunpreme’s cells. See Sun-preme Br. 24. Sunpreme relies upon the argument that the crystalline silicon substrate is not part of the active part of the cell. See id. Commerce supported its determination that the crystalline silicon substrate in Sunpreme’s cells is an active and essential component in generating electricity by noting that the substrate is the primary solar absorber. Final Scope Ruling 14. Sunpreme admits that the substrate is the primary solar absorber. Sun-preme Br. 22, 25. Commerce also rejected Sunpreme’s argument that the crystalline silicon component is not part of the electricity-generating component of the cell. See Final Scope Ruling at 16. Commerce concluded that the idea that an electricity-generating junction could be created, either between a positively charged and an intrinsic (he., neutral charged) layer or between a negatively charged and an intrinsic layer, is illogical because “both a positive ‘p’ layer and a negative ‘n’ layer are required in order to generate an electrical field.” Id Sunpreme points to no record evidence undermining Commerce’s conclusion that “the [crystalline silicon] wafer is a necessary connection between the positive and negative regions of Sun-preme’s cells.” Id. Therefore, Sun-preme’s contention that the crystalline silicon substrate is not part of the active part of the cell fails. D. Sunpreme’s Cells. Contain a “P/N Junction Formed By Any Means” Sunpreme argues that Commerce unreasonably interpreted the term “p/n junction formed by any means” to include the p/i/n junction in Sunpreme’s cells. Sun-preme Br. 24-32. Defendant responds that substantial evidence supports Commerce’s determination that the scope language “p/n junction formed by any means” includes a p/i/n junction and other arrangements of positive, negative, and intrinsic/neutral layers within a photovoltaic cell like those contained in Sunpreme’s cells. Defi’s Resp. Br. 21-25. For the reasons that follow, Commerce’s determination that Sun-preme’s cells contain a “p/n junction formed by any means” is supported by substantial evidence. The Orders do not define the phrase “p/n junction formed by any means.” Commerce interpreted the phrase “p/n junction formed by any means” to include structures in which the positively charged and negatively charged layers are not adjacent or within the crystalline silicon wafer. Final Scope Ruling at 15. That interpretation is reasonable and consistent with the scope language and the (k)(l) sources because it gives significance to the entire phrase “formed by any means,” while referencing pre-initiation versions of scope language proposed by the petitioner that indicate alternative architectures were meant to be included in the scope of the Orders. See Final Scope Ruling at 15. Specifically, Commerce referenced its determination in the Triex Scope Ruling that a “p/i/n junction and other arrangements of positive, negative, and intrinsic/neutral layers within a photovoltaic cell can be understood to be types of p/n junctions within the meaning of the scope of the Orders.” Final Scope Ruling at 15 (citing Triex Scope Ruling at 18). In the Triex Scope Ruling, Commerce attached great significance to the phrase “formed by any means,” which Commerce concluded indicates that the specific architecture of p/n junction formation is irrelevant to determining the meaning of the phrase “p/n junction.” See Triex Scope Ruling at 17. To reach this conclusion, Commerce first analyzed the structural distinctions between a p/n junction and the p/i/n junction contained in the Triex cells. See id. Commerce noted that some type of junction between a positively charged and negatively charged region of a cell is essential to the creation of an electrical field, and Commerce concluded that the intrinsic (he., inert) layer simply connects the positively charged layers with the negatively charged layers and extends the electrical field over an additional layer of material. Id. at 18. Second, Commerce analyzed the function or purpose of a junction where the positively charged and negatively charged layers are not in direct contact. See M. Commerce concluded that the function of a junction where the p-láyer and n-layer is in direct contact is the same as a junction where those layers are separated by an intrinsic layer because the intrinsic layer simply extends the electric field over the crystalline silicon wafer region. See id. Sunpreme argues that Commerce’s interpretation is contrary to law because the phrase “formed by any means” refers to structures where the positive and negative layers within the cell are adjacent but are formed by different methods, not to junctions of any type or located anywhere in the cell. Sunpreme Br. 26. However, it is reasonably discernible that Commerce discounted an- interpretation of the -phrase “formed by any means” that limits the phrase to apply to a structure in which the positive and negative layers are formed within the cell because Commerce found that pre-initiation versions of scope language indicate that petitioner intended to include structures where the p/n junction is formed outside of the cell. Final Scope Ruling at 15 (citing Triex Scope Ruling at 13, 31). Moreover, Commerce notes that the scope language describes the junction without reference to any specific method of junction formation because Commerce did not believe itemization was necessary. See id.; see also Triex Scope Ruling at 17 (stating that the Orders describe covered merchandise without reference to the method of junction formation (he., either diffusion or deposition), which Commerce concluded undercuts the argument that the orders require a p/n junction to be formed within a CSPV cell).' It is also reasonably discernible that Commerce ruled out the notion that the phrase “formed by any means” limits a CSPV cell to only a structure in which the positive and negative layers are adjacent because Commerce concluded in the Triex Scope Ruling that the presence or absence of layers between the positively charged and negatively charged layers does not change the function or purpose of the junction to generate an electrical field, but rather simply extend that electrical field over a wider region of the cell. See Triex Scope Ruling at 18. Even if Sunpreme’s alternative reading that the phrase “p/n junction formed by any means” implies that the positively charged and negatively charged layers are adjacent, is reasonable, Commerce has explained why its' broader interpretation of the phrase “p/n junction formed by any means” is reasonable and supported by the scope language and the (k)(l) sources. Sunpreme next argues that Commerce’s determination that Sunpreme’s products meet the definition of “p/n junction formed by any means” provided, in the Triex Scope Ruling is not supported by substantial evidence because Sunpreme’s cells are physically distinguishable from the Triex products. Sunpreme Br. 30. Specifically, Sunpreme cites the lack of the silicon dioxide insulator between the crystalline silicon wafer and the intrinsic and'p-type and n-type amorphous thin film layers in its cells, which Sunpreme notes distinguish its cells from the Triex cells. Sunpreme Br. 31. However, Commerce • explained that the presence or absence of silicon dioxide insulating layers is irrelevant to its analysis regarding p/n junction formation in the Triex cell because “the function or nature of a p/n junction in a CSPV [cell] is unchanged by the addition of a layer of [silicon dioxide] or other insulating material.” Pinal Scope Ruling at. 15 (citing Triex Scope Ruling at 32, 39 (internal quotations omitted)). Commerce justified its determination that a p/i/n junction is a type of p/n junction in the.Triex Scope Ruling by drawing attention to the inclusion of different types of junction architectures in early drafts of scope language included in the petitions. Triex Scope Ruling at' 31. Commerce further justified its determination by noting the- absence of record evidence indicating that certain types of junctions characterized by a positive region and a negative region generating' an electrical field were meant to be excluded. Triex Scope Ruling at 31-32. Sunpreme points to no record evidence undermining the notion'that the junctions in its cells have a materially similar function to the junctions in the Triex cells. E. Sunpreme’s Cells are Not Excluded Thin-Film Photovoltaic Products Sunpreme argues that Commerce’s interpretation of the language excluding “thin film photovoltaic products produced from amorphous silicon” is unreasonably narrow and unsupported by the petition or the (k)(l) sources.. Sunpreme Br. 32t-40. Defendant responds that Commerce reasonably determined that the petition and the Triex Scope Ruling, both (k)(l) sources, indicate that cells containing a crystalline silicon component that contributes to their photovoltaic function are not thin film photovoltaic products as that term is defined in the Orders even if such products contain thin films produced from amorphous silicon. Def.’s Resp. Br. 28-29. For the reasons that follow, Commerce’s definition of thin film products is in accordance with law. The Orders do not define the term “thin film photovoltaic products produced from amorphous silicon.” The scope language is silent as to the substrate of excluded thin film products. See CVD Order, 77 Fed. Reg. 73,017, ADD Order, 77 Fed. Reg. 73,018. The term “thin film photovoltaic products” is not unambiguously equivalent to any photovoltaic product with a thin film. Therefore, Commerce reasonably consulted the (k)(l) sources to define the term “thin film photovoltaic products.” Commerce cited the petition, a (k)(l) source, which explicitly states that “thin film photovoltaic products” do not use crystalline silicon to conclude that a product that uses crystalline silicon to generate electricity, such as the Sunpreme cell, is not a thin film photovoltaic product. Final Scope Ruling at 17 (citing Request for a Scope Ruling on Solar Modules with Bi-Facial Thin Film Cells at Ex. 6 at 16-17, AD PD 1-6, bar codes 3417556-01-6 (Nov. 18, 2015); Request for a Scope Ruling on Solar Modules with Bi-Facial Thin Film Cells at Ex. 6 at 16-17, CVD PD 1-6, bar codes 3417582-01-06 (Nov. 16, 2015) (collectively “Petitions”)). Citing the Triex Scope Ruling, another (k)(l) source, Commerce determined that including all products containing amorphous silicon in the thin film exclusion would create an easy means of circumventing the Orders. Id. (citing Triex Scope Ruling at 33). That interpretation is reasonable because it gives meaning to all of the language of the Orders and is based on the (k)(l) sources, which state that the thin film photovoltaic products exclusion does not apply to products in which a crystalline silicon component contributes to their ability to convert sunlight into electricity. Commerce adequately addressed Sun-preme’s arguments regarding the meaning of the thin film exclusion. Commerce rejected Sunpreme’s arguments that the scope language and the (k)(l) sources, including the petition and the ITC investigation broadly exclude products that contain thin films of amorphous silicon. See Final Scope Ruling at 17 (concluding that the mere presence of thin films of amorphous silicon is insufficient to place a product within the thin film photovoltaic product exclusion); see also Sunpreme Br. 33-38. Specifically, Sunpreme points to the petition’s explicit statement that “[t]hin film technologies are not covered by the Petitions.” Sunpreme Br. 33 (citing Request for a Scope Ruling on Solar Modules with Bi-Facial Thin Film Cells at Ex. 6 at 16-17, AD PD 1-6, bar codes 3417556-01-6 (Nov. 18, 2015); Request for a Scope Ruling on Solar Modules with Bi-Facial Thin Film Cells at Ex. 6 at 16-17, CVD PD 1-6, bar codes 3417582-01-06 (Nov. 16, 2015) at 16-17 (collectively “Petition”)). Likewise, Commerce considered and rejected Sun-preme’s arguments that the petition’s use of the term “thin film technologies” indicates petitioners intended that the definition of thin film photovoltaic products in the scope language should be expansive. See id. Sunpreme points to no definition of the term “technologies” in the petition, and the term “thin film photovoltaic products” is not defined in the scope language of the Orders. See CVD Order, 77 Fed. Reg. 73,017, ADD Order, 77 Fed. Reg. 73,018. Commerce reasonably concluded, based upon an interpretation of the term thin film photovoltaic products derived from the petition, that the mere presence of thin films of amorphous silicon is insufficient to place a product within the exclusion because the petitions explicitly indicate that thin film products do not use crystalline silicon. Final Scope Ruling at 17. Finally, Commerce did not find the International Standard IEC certification of Sunpreme’s modules as a thin film product dispositive in defining the term “thin film photovoltaic products,” See Final "Scope Ruling at 17 (acknowledging that the IEC certifications are cited in the petition but concluding they are not dis-positive as to whether a product is a thin film photovoltaic product); see also Sun-preme Br. 35. Specifically, Sunpreme' underscores that the petition clearly referenced industry standard (IEC 61646) in relation to the category of thin film products, and- Sunpreme contends the petition evidences a desire to exclude all products meeting this- industry standard from the scope of the Orders. Sunpreme Br. 35; However, the scope language itself does not reference any industry standard in defining thin film photovoltaic products. See CVP Order, 77 Fed. Reg. 73,017, ADD Order, 77 Fed. Reg. 73,018. Commerce specifically acknowledges that the IEC certifications are cited in the petition, a (k)(l) source, but' Commerce concluded that they are not relied upon as dispositive authorities because these certifications were not relied upon in the initial investigations to define thin film photovoltaic products and the standards are not referenced in the scope language itself. Final Scope Ruling at 17 (citing Triex Scope Ruling ai 31). Sunpreme points to no language in the petitions or any (k)(l) source that makes it unreasonable for Commerce to conclude that the certifications are non-dispositive. Sunpreme points out that its products are only certified according the IEC standard for thin film products. Sunpreme Br. 35-36. Commerce’s reasoning that those certifications are non-dispositive is supported by the plain language of the Orders as well as the (k)(l) -sources is not undermined by the fact that Sunpreme’s products received only thin film certification. Therefore, Commerce’s determination is not undermined by the fact that its products only received thin film certification. II. Commerce’s Liquidation Instructions Were Contrary to Law Sunpreme objects that Commerce’s instructions to CBP to continue suspension of liquidation and to collect cash deposits with respect to entries prior to the initiation of the instant scope inquiry were contrary to law. Sunpreme Br. 41. Defendant responds that Commerce’s instructions are in accordance with law because Commerce’s regulations permit the suspension of liquidation to continue, regardless of when a scope inquiry was initiated.” See Def.’s Resp. Br. 36. For the reasons that follow, Commerce’s liquidation instructions directing CBP to suspend liquidation on entries' prior to initiation of the scope inquiry are contrary to law. Commerce’s regulations presume suspension of liquidation is lawful. See 19 C.F.R. §§ 351.225(0(1), (3). Commerce’s regulation cannot reasonably be read to permit an ultra vires suspension of liquidation to continue. When Commerce conducts a scope inquiry, and the product in question is already subject to suspension of liquidation, that suspension of liquidation will be continued, pending a preliminary or final scope ruling, at the cash deposit rate that would apply if the product were ruled to be included within the scope of the order. 19 C.F.R. § 351.225(2 )(1). Once Commerce issues a final scope ruling to the effect that the product is included within the scope of the order, Any suspension of liquidation under paragraph (l )(1) ... of this section will continue. Where there has been no suspension of liquidation, [Commerce] will instruct [CBP] to suspend liquidation and to require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product entered, or withdrawn from the wai-e-house, for consumption on or after the date of initiation of the scope inquiry. 19 C.F.R. § 351.225(1)(3). In AMS Assocs., Inc. v. United States, 737 F.3d 1338 (Fed. Cir. 2013), the Court of Appeals for the Federal Circuit held that, where an unclear order renders a product not subject to an existing order and Commerce clarifies ambiguous scope language to determine that the merchandise is subject to the antidumping order, “the suspension of liquidation and imposition of antidumping cash deposits may not be retroactive but can only take effect ‘on or after the date of the initiation of the scope inquiry.’ ” AMS Assocs., Inc. v. United States, 737 F.3d 1338, 1344 (Fed. Cir. 2013) (“AMS II”) (emphasis in original) (citing identical language in 19 C.F.R. §