Imports of Chinese Photovoltaic Cells Harmed U.S. Industry, ITC Finds

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[authors: Jack N. Semrani, Dena E. Wiggins]

The International Trade Commission (ITC) voted unanimously that imports of crystalline silicon photovoltaic (PV) cells and modules from China materially injure U.S. industry. The Department of Commerce (Commerce) has previously determined that these imports are subsidized and sold in the U.S. at less than fair value. Based on ITC’s decision, Commerce will issue antidumping and countervailing duty orders on these imports.

Contrary to Commerce’s findings, however, ITC did not find reason to apply the tariffs to imports made before the publication of Commerce’s countervailable subsidies and antidumping determinations. Commerce’s initial countervailable subsidies determination was published on March 26, 2012, and its initial dumping determination was published on May 25, 2012. Therefore, the tariffs will only apply to imports made on or after these dates.

Commerce previously found dumping margins of 31.73% for PV cells made by Suntech, 18.32% for Trina Solar, 25.96% for Chinese firms that requested but had not received individual duty determinations, and 249.96 % for all other Chinese PV producers. Commerce found countervailable subsidies of 14.78 % for Suntech, 15.97 % for Trina Solar, and 15.24 % for all other Chinese manufacturers.

Commerce’s duty orders are expected soon.

For more information, please contact Dena E. Wiggins at 202.661.2225 or wigginsd@ballardspahr.com, or Jack N. Semrani at 202.661.7640 or semranij@ballardspahr.com.

Published In: Antitrust & Trade Regulation Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ballard Spahr LLP | Attorney Advertising

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