US DOC releases initial CVD tariffs in solar probe
The U.S. Department of Commerce (DOC) affirmed allegations that solar manufacturers and exporters in Laos, Indonesia and India received “countervailable subsidies,” and is issuing new countervailing duties in response, according to a preliminary determination issued Tuesday.
The anti-dumping/countervailing duties (AD/CVD) investigation into solar cells, whether or not assembled into modules, has been underway since July, when a coalition of petitioners with American manufacturing interests first lodged their complaints.
Last week, after a request by the petitioners, the DOC approved a 50-day extension to the release of the anti-dumping preliminary determination, now expected April 12. Tariffs will reflect preliminary rates until final determinations are released later this year.
In India, “Mundra Solar Energy Limited,” “Mundra Solar PV Limited,” and all other exporters and producers face a 125.87% CVD tariff rate. In Laos, an 80.67% duty will be applied to “Solarspace Technology Sole CO LTD,” “Vietnam Sunergy Joint Stock Company,” and all others. In Indonesia, the DOC will apply rates of 143.30% to “PT Blue Sky Solar Indonesia,” 85.99% to “PT REC Solar Energy Indonesia,” and 104.38% to all others.
In response, the coalition’s attorney, Tim Brightbill of Wiley Rein, called the news an “important step toward restoring fair competition in the U.S. solar market.”
“American manufacturers are investing billions of dollars to rebuild domestic capacity and create good-paying jobs,” Brightbill said in a statement. “Those investments cannot succeed if unfairly traded imports are allowed to distort the market.”
The final determinations for both anti-dumping and countervailing duties are now expected Sept. 3. If the International Trade Commission (ITC) affirms material injury to the domestic industry on Oct. 19, orders finalizing the AD/CVD tariffs will be issued on Oct. 26.
The preliminary determination also responds to critical circumstances allegations filed in January by petitioners. Citing a surge in imports, the coalition alleged manufacturers were attempting to skirt forthcoming tariffs, setting the stage for the potential imposition of retroactive tariffs.
Trade officials confirmed that critical circumstances exist for Blue Sky and all others in Indonesia, as well as Adani Group’s Mundra Solar in India, which “failed to cooperate in this proceeding,” but cleared the rest of the respondents.