US DoC On Solar PV AD And CVD Rulings

The Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping duty and countervailing duty investigations of imports of solar cells from China.

Solar cells are produced from ultra-refined polysilicon and are the building blocks of solar photovoltaic power-generation systems, which convert the energy of sunlight directly into electricity.
Commerce determined that Chinese producers/exporters have sold solar cells in the United States at dumping margins ranging from 18.32 to 249.96 per cent. Commerce also determined that Chinese producers/exporters have received countervailable subsidies of 14.78 to 15.97 per cent.

The Findings of DoC:
* On October 10, 2012, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping (AD) and countervailing duty (CVD) investigations of imports of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from the People's Republic of China (China).

* The AD and CVD laws provide U.S. businesses, workers, and farmers with a transparent mechanism to seek relief from the market distorting effects caused by injurious dumping and subsidization of imports into the United States, and thus to have an opportunity to compete on a level playing field.
* For the purpose of AD investigations, dumping occurs when a foreign company sells a product in the United States at less than its fair value. For purpose of CVD investigations, countervailable subsidies are financial assistance from foreign governments that benefit the production of goods from foreign companies and are limited to specific enterprises or industries, or are contingent either upon export performance or upon the use of domestic goods over imported goods.
* Commerce determined that Chinese producers/exporters have sold solar cells in the United States at dumping margins ranging from 18.32 to 249.96 per cent. Commerce also determined that the Chinese producers/exporters have received countervailable subsidies of 14.78 to 15.97 per cent.
* In the AD investigation, mandatory respondent Suntech Power Co. Ltd, which includes Wuxi Suntech Power Co. Ltd, Luoyang Suntech Power Co. Ltd and Wuxi Sun-Shine Power Co. Ltd was determined to have a final dumping margin of 31.73 per cent. Mandatory respondent Changzhou Trina Solar Energy Co. Ltd, which includes Trina Solar (Changzhou) Science & Technology Co. Ltd, was determined to have a final dumping margin of 18.32 per cent.
* Fifty-nine other exporters qualified for a separate dumping rate of 25.96 per cent. All remaining Chinese exporters received a final dumping rate of 249.96 per cent.
* In the CVD investigation, mandatory respondent Wuxi Suntech Power Co. Ltd, and 10 of its affiliates was determined to have a final net subsidy rate of 14.78 per cent. Mandatory respondent Changzhou Trina Solar Energy Co. Ltd and Trina Solar (Changzhou) Science & Technology Co. Ltd was determined to have a final net subsidy rate of 15.97 per cent.
* All other Chinese producers/exporters received a final net subsidy rate of 15.24 per cent.
* Commerce found that critical circumstances exist in the CVD investigation. In addition, Commerce found that critical circumstances exist in the AD investigation for all companies except Wuxi Suntech. As a result, provisional duty deposits, normally collected as of the date of publication of Commerce's preliminary determinations, will be collected 90 days prior to that date with the exception of antidumping duty deposits applied to Wuxi Suntech. Antidumping duty deposits applied to Wuxi Suntech will be collected as of the date of publication of Commerce's preliminary AD determination. In order for this early duty deposit collection to be maintained, the US International Trade Commission (ITC) must also reach an affirmative finding regarding critical
circumstances.
* As a result of the final AD determination, Commerce will instruct US Customs and Border Protection (CBP) to collect cash deposits or bonds equal to the applicable weighted-average dumping margins. As a result of the affirmative final CVD determination, Commerce will order the resumption of the suspension of liquidation and require a cash deposit equal to the final net subsidy rates if the ITC issues a final affirmative injury determination.
* In the CVD investigation, Commerce concluded that all producers and exporters benefited from an export subsidy ('export buyer's credits'). Commerce, in accordance with the statute, is required to adjust AD rates to account for such export subsidies. In keeping with Commerce's practice in investigations, Commerce will require cash deposits in the AD proceeding equal to the calculated dumping margins reduced by the appropriate export subsidy rate. Specifically, the required cash deposit rates will be equal to the calculated dumping margins reduced by 10.54 per cent, the export subsidy rate.
* The petitioner for these investigations is SolarWorld Industries America Inc. (OR).
* The products covered by these investigations are crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials.
* These investigations covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.
* Subject merchandise may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of subject merchandise are included in the scope of this investigation.
* Excluded from the scope of these investigations are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).
* Also excluded from the scope of these investigations are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.
* Modules, laminates, and panels produced in a third-country from cells produced in the PRC are covered by these investigations; however, modules, laminates, and panels produced in the PRC from
cells produced in a third-country are not covered by these investigations.
* Merchandise covered by these investigations is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020,
8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of these investigations is dispositive.
* In 2011, imports of solar cells from China were valued at an estimated $3.1 billion. However, the solar cells subject to these investigations are classified within HTSUS basket categories that contain products beyond the scope of the investigations.

NEXT STEPS
* The US International Trade Commission (ITC) is scheduled to make its final determination on or before November 23, 2012.
* If the ITC makes an affirmative final determination that imports of solar cells from China materially injure, or threaten material injury to, the domestic industry, Commerce will issue AD and CVD
orders. If the ITC makes a negative determination of injury, the investigations will be terminated.