ITA Announces Final AD & CV Duties on China Solar Cells of 23.75 to 254.66 Percent
The International Trade Administration will impose combined AD and CV duties of 23.75 to 254.66 percent as a result of its final determinations in the antidumping and countervailing duty investigations of crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (A-570-979 / C-570-980). The ITA’s finding of critical circumstances for most Chinese exporters means that AD and CV duties will be collected, for the most part, retroactive to 90 days before the respective preliminary determinations were published.
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
According to a fact sheet, the ITA found dumping margins ranging from 18.32 percent to 249.96 percent, and subsidy margins ranging from 14.78 percent to 15.97 percent. The ITA said it will reduce the dumping margins by the amount of export subsidies determined by the CV duty investigation, or 10.54 percent, as required by law. The fact sheet said that AD cash deposits will range from 7.78 percent to 239.42 percent, so combined AD and CV cash deposits for subject merchandise will range from 23.75 to 254.66 percent.
The ITA said in its fact sheet that the International Trade Commission is scheduled to make its final injury determination by Nov. 23. Should the ITC find injury, the ITA will issue antidumping and/or countervailing duty orders. If the ITC finds in the negative, the ITA will not impose AD and/or CV duties.
Scope Continues to Exclude Third-Country Cells; SolarWorld Indicates More Actions
The ITA continued to exclude modules, laminates, and panels produced in China from cells produced in a third-country from the proposed scope of the order, despite pressure from Congress. But a statement by U.S. petitioner Solar World indicates it will seek AD/CV coverage of those products as well. “SolarWorld’s initial, broader scope had covered all cells and panels produced in China,” it said. “If the ITC rules in favor of the domestic industry, SolarWorld is resolved immediately to seek separate, enforcement actions from Commerce to impose duties on panels assembled in China from cells in third countries.”
SolarWorld otherwise praised the ITA’s determination. “Only fair competition can provide sustainable gains in technology efficiency, cost reduction and end-user pricing,” it said. “Commerce’s decision raises the industry’s chances of reclaiming equal footing for domestic, sustainable and environmentally sound solar-technology producers and their jobs.”
Chinese Solar Producers Concerned About Impact on Solar Tech, May Appeal
The respondents to the investigation, as well as the Chinese government, expressed concern about the potential impact of the ITA’s decision on the development of solar energy technology. “Unilateral trade barriers will not make any one company more competitive, but will make solar less competitive against other forms of electricity generation,” respondent SunTech said.
SunTech questioned the methodology used by the ITA in the investigation. For example, the decision to use Thailand as the surrogate country to value SunTech’s production costs was “unrealistic,” it said. According to SunTech’s release, Thailand has less than 100 MW of photovoltaic production capacity.
The U.S. decision "runs counter to global efforts to jointly combat the challenges of climate change and energy security, and it breaks the country's promise to not take fresh protectionism measures, which was made at the G20 summit," said Chinese Ministry of Commerce spokesman Shen Danyang. He said the U.S. should halt the trade remedies in order to encourage communication and cooperation in the industry to push forward the development of new energy. The decision "signals protectionism" and "hinders the development of new energy," he said.
Trina Solar, another respondent to the investigation, said it will “consider whether it is necessary and prudent to appeal the final determinations” issued by the ITA and ITC at the completion of the case.
International Trade Today will provide details of the ITA's final determinations upon their publication in the Federal Register.
SolarWorld (here), SunTech (here), Trina Solar (here), and the Chinese government (here) all issued statements on the ITA final determination.
(See ITT’s Online Archives 12052437 and 12032602 for summary of the AD and CV preliminary determinations in this investigation, respectively.)