US ITC To Continue AD/CVD Investigations Into Solar Imports

• USITC has found indication of material injury to the US solar industry in its AD/CVD investigations' initial determination 
• It now plans to continue the inquiry into solar cells, whether or not assembled into modules, being imported into the US from Cambodia, Malaysia, Thailand and Vietnam 
• The preliminary CVD and AD determination will be released on or about July 18 and October 1 this year, respectively 

In its initial determination into the inquiry of imports of solar cells and modules into the US from 4 Southeast Asian nations, the US International Trade Commission (USITC) says it has found 'reasonable indication' of material injury to the domestic industry.  

The USITC's findings are in response to the petition filed by The American Alliance for Solar Manufacturing Trade Committee (AASMTC) in May 2024 (see US Commerce Department Initiates AD/CVD Investigations).  

At the same time, it has found reasonable indication of the US industry being threatened with material injury by reason of the imports of crystalline silicon solar PV cells, whether or not assembled into modules from the 4 said nations of Cambodia, Malaysia, Thailand and Vietnam.  

Hence it has decided to continue its investigations into companies circumventing paying antidumping and countervailing duties (AD/CVD) by routing their cells and modules from these countries into the US.  

The USITC plans to issue preliminary CVD determinations on or about July 18, 2024, while that for AD, the date is on or about October 1, 2024. On July 5, 2024, it will make public a report containing its views and information collected during the investigations for the preliminary findings.  

Timothy C. Brightbill of law firm Wiley, which is representing the 7-member AASMTC, issued a statement on the USITC decision, saying, "Because of the unfair trade practices of these largely Chinese-owned and -headquartered companies, billions of dollars of unfairly priced solar products have crushed the U.S. market, causing prices in the U.S. to fall by more than 50 percent in the last year. This makes it nearly impossible for U.S. manufacturers to compete, and endangers the critically important investments being made in solar manufacturing all across the United States. We now look forward to the U.S. Department of Commerce moving ahead on its important investigations of dumping and subsidies by all four countries." 

If, in the final analysis, it finds evidence of injury, the US is likely to impose AD/CVD tariffs retroactively. This is creating uncertainty in the local US industry which, according to a LinkedIn post by Christian Roselund of Clean Energy Associates (CEA), can freeze imports even before the guilt has been determined.      

Meanwhile, the 2-year moratorium on the US imposing AD/CVD tariffs on Chinese companies shipping their solar products from these nations being imported into the US ended on June 6, 2024.