Preliminary Antidumping Determinations Confirm Unfair Trade Practices Deployed Against American Solar Manufacturers
Department of Commerce makes preliminary affirmative determinations on dumping solar imports from Cambodia, Malaysia, Thailand, and Vietnam
ITA Fact Sheet with Rates found here
Washington, D.C. (November 28, 2024) – The U.S. Department of Commerce’s International Trade Administration (ITA) today issued its preliminary antidumping determinations on crystalline silicon photovoltaic cells imported from Cambodia, Malaysia, Thailand, and Vietnam. The rates were:
- 125.37% for Cambodia;
- 53.3% to 271.28%% for Vietnam;
- 21.31% to 81.24% for Malaysia, and;
- 77.85% to 154.68% for Thailand
Commerce imposed these duties in response to cases brought by the American Alliance for Solar Manufacturing Trade Committee in April 2024, which alleged that these four countries are harming the U.S. solar manufacturing industry through unfair trade practices.
“We welcome these positive preliminary determinations and their potential to level the playing field for solar manufacturers and workers across America. This is especially crucial given the role that domestic solar manufacturing can play in enabling President Trump’s growth agenda by helping meet rapidly growing energy needs while creating tens of thousands of jobs and billions in economic value.” said Tim Brightbill.
The Commerce Department initiated investigations into the four countries in May, after a surge of $12.5 billion in solar imports from the four countries, which led to a U.S. price collapse of more than 50 percent. In June, the International Trade Commission (ITC) issued a unanimous affirmative preliminary determination that dumped and subsidized imports from Cambodia, Malaysia, Thailand, and Vietnam were currently injuring (or for Cambodian subsidies, threatening to injure) U.S. solar cell and module manufacturers. In August, the Alliance filed critical circumstances allegations that Chinese-owned and -headquartered producers were rushing to import solar panels before new tariffs would be implemented.
“With these preliminary duties, we are moving closer to addressing years of harmful unfair trade and protecting billions of dollars of investment in new American solar manufacturing and supply chains,” said Tim Brightbill, partner at Wiley Rein and lead counsel to the petitioners. “These initial rates are in line with our expectations of market conditions and how these four countries were engaging in unfair trade practices to undermine American manufacturing and jobs.”
Following the release of preliminary determination rates for countervailing duties (CVDs) on October 1, 2024, the next step in the solar petitions is in-country verifications – expected to begin in December 2024. Final CVD and antidumping rates will be announced in April 2025.
The Alliance will continue to work with staff at the Department of Commerce and share evidence of illegal dumping and subsidies as its members await final determinations next spring.
Next milestone:
Countervailing Duties and Antidumping Rates – Final Determination (Apr. 18, 2025)
Antidumping and Countervailing Duties: Antidumping duties are intended to offset the amount by which a product is sold at less than fair value, or “dumped,” in the United States. The margin of dumping is calculated by the Department of Commerce. Countervailing duties are intended to offset unfair subsidies that are provided by foreign governments and benefit the production of a particular good. After affirmative preliminary determinations by the Department of Commerce, estimated duties in the amount of the dumping and subsidies will be collected from importers at the time of importation.
Product Description: The products subject to the critical circumstances’ petitions are crystalline silicon photovoltaic cells, whether or not assembled into modules, from Vietnam and Thailand.
Petitioners: The petitioner is the American Alliance for Solar Manufacturing Trade Committee, a coalition of seven member and supporter companies: Convalt, First Solar, Meyer Burger, Mission Solar, Qcells, REC Silicon, and Swift Solar. The petitioner is represented by Wiley Rein LLP. For more information on this petition, visit AmericanSolarTradeCmte.org.
October 1, 2024 ITA on Solar Countervailing Duty Preliminary Determinations Release here
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About The Alliance
The American Alliance for Solar Manufacturing Trade Committee is a coalition of seven member and supporter companies calling for trade law enforcement against foreign entities engaging in illegal practices to protect jobs, ensure fair prices, and foster a strong American solar industry for generations to come. For more information visit: AmericanSolarTradeCmte.org.
