Following the Dept. of Commerce’s preliminary decision to impose countervailing duties (CVD) on silicon solar cell imports from Southeast Asia, the federal government has preliminarily decided to enforce antidumping (AD) tariffs as well.
Commerce has been conducting separate AD and CVD investigations into solar imports from Cambodia, Malaysia, Thailand and Vietnam after the American Alliance for Solar Manufacturing Trade Committee filed the investigation request earlier this year. The committee, whose members include U.S. manufacturers First Solar, Mission Solar and Qcells, claimed that the four Southeast Asian countries are harming the U.S. solar manufacturing industry through unfair trade practices.
“We welcome these positive preliminary determinations and their potential to level the playing field for solar manufacturers and workers across America,” said Tim Brightbill, partner at Wiley Rein and lead counsel to the petitioners.
The preliminary AD subsidy rates are as follows:
Cambodia
| All parties (including Hounen and Solar Long PV Tech) | 125.37% |
Malaysia
| Hanwha Q CELLS | 0% |
| JinkoSolar | 21.31% |
| Baojia New Energy, CRC, Lynter, Mega PP | 81.24% |
| All others | 21.31% |
Thailand
| Trina Solar | 77.85% |
| Taihua New Energy, and Sunshine Electrical Energy | 154.68% |
| All others | 77.85% |
Vietnam
| JA Solar | 53.30% |
| JinkoSolar | 56.51% |
| Blue Moon Vina, Boviet Solar, Elite Solar, Letsolar, Mecen Solar Vina, Nexuns, Trina Solar, Vietnergy, Vietnam Sunergy (VSUN) | 54.46% |
| All others | 271.28% |
“With these preliminary duties, we are moving closer to addressing years of harmful unfair trade and protecting billions of dollars of investment in new American solar manufacturing and supply chains,” Brightbill continued. “These initial rates are in line with our expectations of market conditions and how these four countries were engaging in unfair trade practices to undermine American manufacturing and jobs.”
Since the International Trade Commission (ITC) in June issued an affirmative preliminary determination that dumped and subsidized imports from Southeast Asia were inuring U.S. solar cell and module manufacturers, the Dept. of Commerce has been determining the appropriate tariff rates. Final AD and CVD rates should be announced in April 2025.
During the AD investigation, the mandatory respondents from Cambodia (Hounen and Solar Long PV Tech) ceased participation in the investigation citing a drain on resources available. “[The companies have concluded they are] unable to devote the additional important costs, labor and time necessary to continue participating in this investigation,” the pair said. The two companies, therefore, were assigned the entire country AD rate for Cambodia.
This latest AD/CVD investigation looks into a surge in solar imports from the four countries, which led to a U.S. price collapse.
In August, a critical circumstances allegation was filed with Commerce regarding the surge in solar cell imports from Thailand and Vietnam specifically. Commerce preliminarily determined that the mandatory Vietnamese respondents (JA Solar and JinkoSolar) did not have critical circumstances, but “all other” producers/exports from Thailand and Vietnam do. Therefore, solar cells imported from the two countries during the first half of this year will receive retroactive duties.
