The American Alliance for Photo voltaic Manufacturing Commerce Committee Commends ITA on Photo voltaic Countervailing Obligation Preliminary Determinations – CleanTechnica – Uplaza

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Division of Commerce finds Preliminary Affirmative Determinations within the Countervailing Obligation Investigations into surges of photo voltaic imports from Cambodia, Malaysia, Thailand, and Vietnam 

ITA Truth Sheet with Charges discovered right here

Washington, D.C. — The U.S. Division of Commerce’s Worldwide Commerce Administration (ITA) final week issued its preliminary willpower of countervailing duties to be imposed on crystalline silicon photovoltaic cells imported from Cambodia, Malaysia, Thailand, and Vietnam. Commerce imposed the subsidy charges in response to instances introduced by The American Alliance for Photo voltaic Manufacturing Commerce Committee in April 2024, which contend that these 4 international locations are harming the U.S. photo voltaic manufacturing business by unfair commerce practices. The Commerce Division additionally made affirmative essential circumstances findings on all Vietnam and Thailand producers with above de minimis countervailing responsibility (CVD) margins. As such, the CVD duties will apply retroactively by 90 days for these corporations.

“Today’s announcement is an important early step in a year-long process to determine the amount of illegal government subsidies benefiting these companies,” stated Tim Brightbill, accomplice at Wiley Rein and lead counsel to the petitioners. “This preliminary determination shows that we are still very early in these investigations, and we expect the final determination to reflect the true harm these imports bring to U.S. manufacturing. We are confident that the duty rates will increase as Commerce continues to investigate newly alleged subsidies. It is our understanding that producers in all four countries are still responding to detailed questionnaires required in these cases which will impact the final findings.”

In Could of this yr, the Commerce Division initiated the investigations into the 4 international locations. In June, the Worldwide Commerce Fee (ITC) issued a unanimous affirmative preliminary willpower that dumped and backed imports from Cambodia, Malaysia, Thailand, and Vietnam have been at present injuring (or for Cambodian subsidies, threatening to injure) U.S. photo voltaic cell and module producers. In August, the Alliance filed essential circumstances allegations that Chinese language-owned and -headquartered producers have been dashing to import photo voltaic panels earlier than new tariffs could be applied.

At the moment’s preliminary willpower represents only one facet of the efforts of American corporations searching for to revive honest commerce to the U.S. market, and to guard billions of {dollars} of funding in new American photo voltaic manufacturing. The subsequent step will probably be preliminary anti-dumping determinations, scheduled for late November.

The Alliance will proceed to work with workers on the Division of Commerce, and share proof of unlawful dumping and subsidies as its members await remaining determinations subsequent spring.

Milestones within the instances, thus far

• April 24: The American Alliance for Photo voltaic Manufacturing Commerce Committee information a set of antidumping and countervailing responsibility instances with the U.S. Division of Commerce and the U.S. Worldwide Commerce Fee.
• Could 14: Commerce initiates the AD and CVD investigations.
• Could 15:  The ITC workers convention takes place in Washington, DC with Convalt Vitality, Meyer Berger, Missions Photo voltaic, and Qcells, testifying. (testimonies accessible)
• Could 16:  The White Home proclaims a set of actions on photo voltaic, together with the elimination of the 201 bifacial exclusion, anti-stockpiling measures, and heightened monitoring of photo voltaic imports from Southeast Asia.
• June 6: Moratorium on Duties and Tariff Enforcement expires on Chinese language producers underneath investigation for circumventing U.S. commerce legislation by funneling imports by Southeast Asia. In 2022, the Biden Administration issued a two-year moratorium on tariffs and in 2023, the Commerce Division confirmed that a number of of the Chinese language producers have been certainly circumventing commerce legislation.
• June 7: The Worldwide Commerce Fee makes a unanimous affirmative preliminary willpower that dumped and backed imports from Vietnam, Cambodia, Malaysia, and Thailand are at present injuring (or for Cambodian subsidies, threaten to injure) U.S. photo voltaic cell and module producers.
• August 15: The American Alliance for Photo voltaic Manufacturing Commerce Committee information essential circumstances allegations with the Division of Commerce concerning surges of photo voltaic imports from Vietnam and Thailand. The Committee bases its allegations on a 39% enhance in imports from Vietnam and a 17% enhance from Thailand between April and June 2024, when in comparison with January and March 2024.

Upcoming key dates

Antidumping:

1. Preliminary Willpower (prolonged) (Nov. 27, 2024)
2. Closing Willpower (absolutely prolonged) (Apr. 11, 2025)

Countervailing Duties:

1. Closing Willpower (if alignment with AD investigation requested) (Apr. 11, 2025)

Antidumping and Countervailing Duties: Antidumping duties are supposed to offset the quantity by which a product is bought at lower than honest worth, or “dumped,” in america. The margin of dumping is calculated by the Division of Commerce. Countervailing duties are supposed to offset unfair subsidies which can be supplied by overseas governments and profit the manufacturing of a specific good. After affirmative preliminary determinations by the Division of Commerce, estimated duties within the quantity of the dumping and subsidies will probably be collected from importers on the time of importation.

Product Description: The merchandise topic to the essential circumstances petitions are crystalline silicon photovoltaic cells, whether or not or not assembled into modules, from Vietnam and Thailand.

Petitioners: The petitioner is the American Alliance for Photo voltaic Manufacturing Commerce Committee, a coalition of seven member and supporter corporations Convalt, First Photo voltaic, Meyer Burger, Mission Photo voltaic, Qcells, REC Silicon, and Swift Photo voltaic. The petitioner is represented by Wiley Rein LLP. For extra info on this petition, go to AmericanSolarTradeCmte.org.

Supply: The Alliance