A new anti-dumping/countervailing duty petition has been filed with the U.S. International Trade Commission (USITC) and the Department of Commerce regarding silicon solar cells and panels made in Cambodia, Malaysia, Thailand and Vietnam. The petition was filed by the American Solar Energy Manufacturing Alliance Trade Committeeincluding the American solar producers Convalt Energy, First Solar, Meijer Burger, Mission Solar, Qcells, REC Silicon and startup Swift Solar. The committee is represented by DC law firm Wiley Rein LLP.
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“The U.S. solar industry is on the cusp of tremendous growth that will create jobs and change the trajectory of our clean energy transition for decades to come. However, this manufacturing renaissance is threatened by China’s industrial policies, which have led to massive subsidies in China and Southeast Asia. This results in large amounts of dumping in global markets, including the U.S., hurting our domestic producers,” said Tim Brightbill, co-chair of Wiley’s International Trade Practice and principal counsel. “We are trying to enforce the rules, fix the damage to our domestic solar industry and send a message that the U.S. will not be a dumping ground for foreign solar products.”
This new petition comes eight months after the trade expanded AD/CVD to Chinese solar manufacturers working in Southeast Asia. The expanded Chinese AD/CVD allows manufacturers using non-Chinese wafers or at least four solar components (silver paste, aluminum frames, glass, backplates, EVA plates, junction boxes) made outside China to be exempt from the AD/CVD orders . These provisions made it relatively easy for Chinese companies operating in Southeast Asia to complete supply chain changes, leaving them outside the violations outlined in the AD/CVD decision.
Today’s petition aims to directly address the “unfair trade practices of these solar energy producers in Cambodia, Malaysia, Thailand and Vietnam.”
The trade now has 20 days to determine whether an investigation should be opened. If investigated, the USITC would make a preliminary determination of property damage or threat of property damage within 45 days, with a final determination expected in spring 2025.
The Solar Energy Industries Association (SEIA), American Clean Power Association (ACP), Advanced Energy United and American Council on Renewable Energy (ACORE) released a joint statement on today’s petition filing:
We are deeply concerned that the AD/CVD petitions will create further market volatility in the U.S. solar and storage industry and create uncertainty at a time when we need effective solutions that support U.S. solar producers. We need constructive actions, like the Advanced Manufacturing Tax Credit and other policies, to expand domestic solar production and deploy clean energy at scale and speed to meet growing electricity demand.
The U.S. clean energy industry urges the Biden administration to consider alternative solutions to address petitioners’ concerns so we can elevate U.S. manufacturers and foster a thriving clean energy economy across the value chain can hold up.
Solar tracking system manufacturer Array Technologies also expressed concerns about the new petition:
This case is bad news for clean energy jobs and American solar production. The threat of tariffs alone could cause major disruption to the solar industry and damage manufacturers like Array, who rely on a booming market to do business. The Inflation Reduction Act has boosted the expansion of the U.S. solar supply chain, which is more than just modules: it’s trackers, inverters, electrical system balances and polysilicon manufacturers. We must continue to expand the use of solar energy to create jobs and strengthen our energy independence. More tariffs will only create uncertainty and unnecessary project delays, hindering the U.S. from meeting our clean energy deployment and production goals.Kevin G. Hostetler, CEO of Array Technologies
The Solar Energy Manufacturers for America (SEMA) Coalition released the following statement:
This comes as no surprise. Everyone knows that these Chinese-headquartered companies in Southeast Asia are taking advantage of subsidies and exporting below-cost solar energy to the U.S. market, hurting U.S. solar producers and their workers. Conditions are untenable for American solar manufacturers. SEMA will continue to fight for strong trade enforcement and un-hearing of our supply chain so that American businesses can thrive and we can usher in a new era of clean energy independence. Mike Carr, Executive Director of the SEMA Coalition
This news will be updated throughout the day as more responses are released.