Solar AD/CVD Case Initiated to Block Solar Workaround

 

US International Trade Commission announced the institution of investigations and commencement of a preliminary phase antidumping and countervailing duty investigation imports of crystalline silicon
photovoltaic cells, whether or not assembled into modules, from Cambodia, Malaysia, Thailand
and Vietnam,  alleged to be sold in the United
States at less than fair value and alleged to be subsidized by the named governments.

 

 Unless the Department of Commerce
(“Commerce”) extends the time for initiation, the Commission must reach a preliminary
determination in antidumping and countervailing duty investigations in 45 days, or in this case
by June 10, 2024.

 

The American Alliance for Solar Manufacturing Trade Committee represented by DC law firm Wiley Rein LLP, filed the antidumping and countervailing duty petitions noting that the companies subject to this investigation would be primarily Chinese-headquartered companies.

 

This action comes less than a year after the U.S. Department of Commerce made its final determination that Chinese solar manufacturers were circumventing tariffs on solar cells and solar panels by shipping their products through Cambodia, Malaysia, Thailand, and Vietnam.

 

However, the administration imposed a two-year moratorium on these tariffs, giving the Chinese-owned solar manufacturers in these countries time to shift their supply chains.

 

Companies found to be circumventing the tariffs are not expected to pay tariffs when the moratorium ends in June 2024, because their Southeast Asia-based supply chains mean they are no longer in technical violation as outlined in the circumvention decision.