Following the Commerce Department’s preliminary decision to impose countervailing duties (CVD) on imports of silicon solar cells from Southeast Asia, the federal government has also tentatively decided to impose anti-dumping duties (AD).
The trade subsequently conducted separate AD and CVD investigations into solar energy imports from Cambodia, Malaysia, Thailand and Vietnam American Solar Energy Manufacturing Alliance Trade Committee submitted the research request earlier this year. The committee, which includes American manufacturers First Solar, Mission Solar and Qcells, claimed that The four Southeast Asian countries are hurting the U.S. solar industry through unfair trade practices.
“We welcome these positive preliminary decisions and their potential to level the playing field for solar producers and workers across America,” the spokesperson said Tim Brightbill, partner at Wiley Rein and lead attorney for the petitioners.
The provisional AD subsidy percentages 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% |
| Everyone else | 21.31% |
Thailand
| Trina Solar | 77.85% |
| Taihua New Energy and Sunshine Electrical Energy | 154.68% |
| Everyone else | 77.85% |
Vietnam
| YES solar energy | 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% |
| Everyone else | 271.28% |
“We are moving with these preparatory tasks closer to addressing years of damaging dishonesty trade and protecting billions of dollars of investments in new U.S. solar manufacturing and supply chains,” Brightbill continued. “These initial figures are consistent with our expectations of market conditions and how these four countries engaged in unfair trade practices to undermine American manufacturing and jobs.”
Since the International Trade Commission (ITC) made a positive preliminary determination in June that dumped and subsidized imports from Southeast Asia are benefiting U.S. solar cell and module manufacturers, the Commerce Department has set the appropriate tariffs. The final AD and CVD figures should be announced in April 2025.
During the AD survey, mandatory respondents from Cambodia (Hounen and Solar Long PV Tech) stopped participating in the survey due to resource depletion. “[The companies have concluded they are] unable to afford the additional significant costs, labor and time required to continue participating in this study,” the couple said. The two companies were therefore assigned the countrywide AD rate for Cambodia.
This latest AD/CVD study examines a surge in solar imports from the four countries, which has led to a collapse in U.S. prices.
In August, a critical circumstances allegation was filed with Commerce regarding the sharp increase in imports of solar cells, mainly from Thailand and Vietnam. The trade preliminarily determined that the mandatory Vietnamese respondents (JA Solar and JinkoSolar) were not in critical conditions, but “all other” producers/exporters from Thailand and Vietnam were. Therefore, solar cells imported from the two countries in the first half of this year will be subject to retrospective duties.