Petition Filed for New AD/CVD on Photovoltaic Cells From India, Indonesia and Laos
A domestic producer recently filed a petition with the Commerce Department and the International Trade Commission requesting new antidumping duties and countervailing duties on crystalline silicon photovoltaic cells imported from India, Indonesia and Laos. Commerce now will decide whether to begin AD/CVD investigations, which could result in the imposition of permanent AD/CVD orders and the assessment of AD and CVD on importers. The Alliance for American Solar Manufacturing and Trade, which includes First Solar, Mission Solar Energy, and Qcells, with Talon PV Solar Solutions as a supporter, filed the petition.
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The petitioner said the product, "C-Si PV cells, which are made from crystalline silicon, are the building blocks of solar photovoltaic power-generation systems. C-Si PV cells are produced from ultra-refined polysilicon. C-Si PV cells convert the energy of sunlight directly into electricity, by the photovoltaic effect."
Proposed Scope
The petition proposes the following scope for the investigations:
"The merchandise covered by these investigations is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials.
"These investigations cover crystalline silicon photovoltaic 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, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.
"Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of the investigations.
"Excluded from the scope of the investigations are thin film photovoltaic products produced from amorphous silicon (a- Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).
"Also excluded from the scope of the investigations are crystalline silicon photovoltaic cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.
"Additionally, excluded from the scope of the investigations are panels with surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no panel shall contain an internal battery or external computer peripheral ports.
"... [Additional exclusions detailed on about four pages fill this space.] ...
"Merchandise covered by the investigations is currently classified in the Harmonized Tariff System of the United States ("HTSUS") under subheadings 8501.61.0000, 8507.20.80, 8541.42.0010, and 8541.43.0010. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of the investigations is dispositive."
ITC and Commerce to Accept Comments Before Initiating Investigation
The Commerce Department and the ITC will accept comments on domestic industry support for the petitions to determine whether the petitions meet the dual requirements of support by domestic producers or workers accounting for (1) at least 25% of the total production of the domestic-like product and (2) more than 50% of the production of the domestic-like product produced by that portion of the industry expressing support for, or opposition to, the petition. The ITC initiated antidumping duty and countervailing duty investigations on July 17 and must reach preliminary determinations in them by Sept. 2.