Commerce Preliminarily Finds High Dumping Margins for Solar Cells from People’s Republic of China

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Back in October 2011, a group of U.S. domestic producers, led by Solar World Industries America of Hillsboro, Oregon, filed a petition for the institution of antidumping and countervailing duty investigations against crystalline silicon photovoltaic cells and modules from China. On May 17, 2012, the U.S. Department of Commerce (Commerce) announced its preliminary determination in the antidumping portion of the investigation, finding that Chinese producers sold solar cells in the United States at dumping margins ranging from 31.14 percent to 249.96 percent of the freight on board (f.o.b.) price.

Chinese respondents in the case, Wuxi Suntech and Trina Solar, received preliminary dumping margins of 31.22 and 31.14 percent, respectively. Fifty-nine other Chinese exporters qualified for a separate rate of 31.18 percent. All other Chinese producers/exporters received a rate of 249.96 percent. Commerce will now advise U.S. Customs & Border Protection (CBP) to collect a cash deposit or require a bond in the amount of the dumping margins applicable to all entries of these products made up to 90 days prior to late May 2012 (i.e., all entries made after late February 2012).

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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.

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