The Dept. of Commerce today released its preliminary affirmative determination in the countervailing duty (CVD) case relating to solar cell imports from Southeast Asia. After an affirmative determination from the U.S. International Trade Commission in June that the U.S. solar panel manufacturing industry is being materially injured by imports of silicon solar cells and panels from Cambodia, Malaysia, Thailand and Vietnam, Commerce has been working on the tariff amounts to apply.
The preliminary CVD amounts range from less than 1% to nearly 300%, and tariff rates are expected to increase further at the time of the final determinations, said Tim Brightbill, partner at Wiley Rein and lead counsel to The American Alliance for Solar Manufacturing Trade Committee (AASMTC), which filed the AD/CVD petition earlier this year. The DOC’s preliminary determination in the antidumping (AD) case will likely come in November.
The preliminary subsidy rates are as follows:
Cambodia
| Solarspace New Energy | 8.25% |
| Jintek | 68.45% |
| All others | 8.25% |
Malaysia
| Hanwha Q CELLS | 14.72% |
| JinkoSolar | 3.47% |
| Baojia New Energy, Pax Union, and SunMax Energy | 123.94% |
| All others | 9.13% |
Thailand
| Trina Solar | 0.14% |
| Taihua New Energy, and Sunshine Electrical Energy | 34.52% |
| All others | 23.06% |
Vietnam
| Boviet Solar | 0.81% |
| JA Solar | 2.85% |
| GEP New Energy, HT Solar, Shengtian New Energy Vina, Vietnam Green Energy Commercial Services Co. |
292.61% |
| All others | 2.85% |
Now that these preliminary numbers have been released, U.S. Customs and Border Protection (CBP) will begin collecting cash deposits at the border. If tariff rates increase in the final determinations, CBP will expand its collection to the higher rate. Commerce plans to release its final CVD determinations on or around Feb. 10, 2025.
Commerce noted that imports of solar cells, whether or not assembled into solar panels, from the four countries have increased because of unfair foreign subsidies, thus warranting the need for CVD action.
| Country | 2021 | 2022 | 2023 |
| Cambodia Import Volume | 799.2 MW | 2,368.5 MW | 6,722.3 MW |
| Malaysia Import Volume | 6,189.0 MW | 3,296.6 MW | 6,755.5 MW |
| Thailand Import Volume | 4,299.2 MW | 4,624.7 MW | 10,604.9 MW |
| Vietnam Import Volume | 5,335.9 MW | 8,455.4 MW | 12,301.52 MW |
In August, a critical circumstances allegation was filed with Commerce regarding the surge in solar imports from Thailand and Vietnam specifically. Commerce is investigating the critical circumstance, and an affirmative there could impose retroactive duties on imports from the two countries. A finding in that area is expected soon.
Also in August, petitioner AASMTC filed another new subsidy allegation regarding Chinese manufacturers establishing silicon wafer operations in the four countries and polysilicon operations in Cambodia only. Commerce took up that investigation on Sept. 20.
