SolarWorld is suggesting that the International Trade Commission recommend to the White House both a tariff and quota on crystalline silicon photovoltaic (CSPV) cells, and is supporting Suniva’s request for an initial price floor of $0.74 per watt, according to documents filed with the ITC. The ITC on Sept. 22 announced an affirmative injury determination in its Section 201 safeguard investigation on CSPV cells (see 1709220044). The investigation now moves to a remedy phase, wherein the ITC will hold a hearing on Oct. 3 to determine what remedies, if any, should be proposed, and is expected to send the president its final report of potential recommendations for remedial action by Nov. 13.
The International Trade Commission reached an affirmative injury determination in its Section 201 safeguard investigation on crystalline silicon photovoltaic (CSPV) cells, the ITC announced Sept. 22. Section 201 allows the president to impose tariffs on all imports of products the ITC finds to injure U.S. industry. The investigation now moves to a remedy phase, wherein the ITC will hold a hearing on Oct. 3 to determine what remedies should be imposed, and is expected to send the president its final report -- to include potential recommendations for remedial action -- by Nov. 13. President Donald Trump will then have about two months to adopt or reject the ITC’s recommendations, or opt to set other trade restrictions.
President Donald Trump on Aug. 14 issued a memorandum directing U.S. Trade Representative Robert Lighthizer to determine whether to investigate Chinese “laws, policies, practices, or actions” that might be harming U.S. intellectual property rights, innovation or technological development. The memo pointed to language in the Trade Act of 1974 that requires the Office of the U.S. Trade Representative to undertake several requirements in self-initiating an investigation under Section 301 of that law. Section 301 gives the president broad authority, including import duties, to retaliate against restrictions found to “burden or restrict” U.S. commerce.
A bipartisan group of 16 senators and 53 House lawmakers urged the International Trade Commission Aug. 11 to reject an April Suniva petition to impose “high” tariffs and “high” minimum prices for solar module imports. If the trade case significantly raises solar prices, recent growth in solar investments, installations and jobs could be at risk, according to the senators' letter to ITC Chairwoman Rhonda Schmidtlein, led by Martin Heinrich, D-N.M., and Thom Tillis, R-N.C. Reps. Mark Sanford, R-S.C., Mike Thompson, D-Calif., Pat Meehan, R-Pa., and Matt Cartwright, D-Pa., led the House letter. “As U.S. Senators representing states that have a growing solar industry, we write to express our deep concern with the pending Section 201 global safeguard case,” the officials wrote. Suniva’s petition seeks four years of duties on solar cells starting at $0.40 per watt, as well as a minimum price for solar modules starting at $0.78 per watt (see 1704260045).
The International Trade Commission published notices in the July 21 Federal Register on the following AD/CV injury, Section 337 patent and other trade proceedings (any notices that warrant a more detailed summary will be in another ITT article):
The Trump administration in the upcoming NAFTA renegotiation will push for "disciplines on the use of customs brokers," for Canada and Mexico to raise their de minimis levels, and to eliminate the binational dispute settlement process for challenging duties, the Office of the U.S. Trade Representative said in its renegotiation objectives released July 17 (here). Another objective is to provide for streamlined and expedited customs treatment for express shipments, including for shipments valued over the de minimis threshold.
The International Trade Commission recently launched a Section 201 safeguard investigation on imports of large residential washers, it said in a notice (here). Whirlpool requested the safeguard duties in a petition filed May 31, subsequently amended in early June. The investigation will determine whether to impose a tariff-rate quota on large residential washers imported from any country, though some countries with preferential trade agreements with the U.S. may be exempt, Whirlpool said in its petition.
International Trade Today is providing readers with some of the top stories for May 30 - June 2 in case they were missed.
The International Trade Commission recently launched a Section 201 safeguard investigation on imports of crystalline silicon photovoltaic (CSPV) cells and modules, according to documents available on an ITC database. Requested by Suniva in April (see 1704260045), the investigation will determine whether to impose additional duties and minimum price floors on solar cells and modules imported from any country. SolarWorld, another U.S. producer of solar cells, subsequently joined the investigation as a petitioner, it said in an April 25 press release (here).
There's still some question as to exactly how broad the Commerce Department's Section 232 investigations on steel and aluminum imports will be (see 1704200029 and 1704270024), members of the trade community said during a panel discussion May 3. The broadness of the administration’s definition of “national security” will determine the range of products covered by any safeguard measures, Allegheny Technologies Vice President Terrence Hartford said during a Kelley Drye event examining the first 100 days of Donald Trump’s presidency. Commerce Department officials are also under more pressure to finish antidumping and countervailing determinations early, said the panelists.