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If SEIA Members have questions on SEIA's Trade policies, please contact John Smirnow.

 

For press inquiries, please contact Jared Blanton.

 

Recent Updates

The U.S. Department of Commerce has postponed its preliminary antidumping duty (AD) determinations to May 16, 2012, see Commerce Notice of Postponement.

 

On Tuesday, Feb. 14, the United States and China issued a joint fact sheet concerning increased cooperation to strengthen economic relations. The countries agreed to negotiate international guidelines on official export financing, taking into account consistency with international best practices. The governments agreed to lead an international working group with the goal of reaching an agreement by 2014.

 

The U.S. Department of Commerce's preliminary countervailing duty (CVD) determination is currently scheduled for March 2, see Commerce Notice of Postponement. In the event Commerce renders an affirmative finding, the effective date of this decision will be applied retroactively to on or about December 3, 2011, assuming Commerce's schedule is not further modified. The effective date would be applied retroactively based on Commerce's preliminary finding of "critical circumstances."

 

Under the critical circumstances finding, Commerce has preliminarily determined that imports from China surged into the United when news of the petition became public. And to remedy that surge, the preliminary CVD determination should be applied retroactively by 90 days.

Trade

On Oct. 19, 2011, SolarWorld Industries America, Inc. filed an antidumping (AD) and countervailing duty (CVD) petition requesting that the U.S. government impose special tariffs on imports of crystalline silicon photovoltaic cells (CSPV) cells from China. The petition covers CSPV cells, whether or not assembled into modules, and excludes thin film PV products produced from amorphous silicon, cadmium telluride or copper indium gallium selenide.

The petition is supported by the Coalition for American Solar Manufacturing, which is said to consist of SolarWorld and six other companies whose identities are confidential. According to the petition, members of the Coalition represent over 50 percent of U.S. production of CSVP cells.

The petition claims that (1) imported products from China are being sold in the United States at unfair prices (i.e. "dumped"); (2) the Chinese government unfairly subsidizes its manufacturers and exporters; and (3) the dumped and subsidized imports are a cause of material injury to the U.S. industry producing CSPV cells.

The petition was filed simultaneously with the U.S. International Trade Commission (ITC) and the U.S. Department of Commerce. Chinese manufacturers and the Chinese government have the right to defend themselves at both agencies against the allegations raised in the petitions. Learn more about the investigatory process.

As global competition in the solar industry intensifies, SEIA will continue to support open markets based on free and fair trade principles. Solar companies, whether foreign or domestic, have the right to request investigations into allegedly unfair trade practices. It is important that these allegations are thoroughly examined and, if unlawful trade practices are found, action to remedy those practices is taken.

As the trade association for the U.S. solar industry, with members from both domestic and foreign companies, SEIA's role is to educate its members on the petition and the investigatory process.

AD/CVD Petition Investigatory Process

Upon the filing of an AD/CVD Petition with the U.S. International Trade Commission (ITC) and the U.S. Department of Commerce (DOC), two separate investigatory processes are commenced.

First, the ITC - an independent agency led by six commissioners, including three Republicans and three Democrats - begins its investigation to make a preliminary determination. The preliminary determination establishes whether the allegedly dumped and subsidized imports cause or threaten to cause material injury to the domestic industry. The agency has 45 days to conduct an investigation and make a preliminary determination.

On Dec. 2, 2011, the ITC rendered an affirmative preliminary injury determination. The ITC's decision means that the case now proceeds with the U.S. Department of Commerce's preliminary investigation into possible dumping and countervailable subsidies. During this preliminary determination by the DOC, the DOC must determine whether the alleged unfair trade practice exists.

DOC's first responsibility, which coincides with the ITC's preliminary investigation, is to decide within 20 days after the petition was filed whether it provides sufficient evidence to meet the legal requirements for an investigation.

If an investigation is initiated, DOC will identify several individual Chinese manufacturers as "mandatory respondents" to investigate. Based largely upon data collected from questionnaires to the mandatory respondents, DOC will determine whether there is any dumping and subsidization. DOC has approximately six months from the date the petition was filed to render its preliminary determination.

If the DOC's preliminary determination is affirmative, the agency will instruct U.S. Customs and Border Protection to begin collecting cash deposits on the imported products covered by the scope of the investigation. If the DOC's preliminary determination is negative, both agencies continue the investigation through final determinations.

At this point, the importer of record - the party officially listed on entry documents provided to U.S. Customs and Border Protection - is responsible for paying the cash deposits owed on the subject merchandise entered into the United States, according to the "U.S. Department of Commerce Antidumping Manual." Accordingly, purchasing subject merchandise from an unaffiliated U.S. importer generally does not subject the purchaser to liability.

Goods that have entered the U.S. before the date of DOC's preliminary determination are generally not subject to cash deposits and AD/CVD duties. There is an exception, however, if both the ITC and DOC determine that imports into the United States escalated after the petition was filed in order to avoid potential AD/CVD duties. Under this scenario, cash deposits and eventual AD/CVD duties may be applied approximately 90 days after the date the petitions were filed.

Once DOC renders its preliminary determination, both DOC and the ITC then proceed with final investigations. In contrast to DOC's final investigation, where the data collection process is weighted towards the preliminary investigation, the ITC's final investigation is longer and more data intensive than its preliminary investigation. The ITC final investigation also includes a hearing where petitioners and respondents have the opportunity to speak directly to the Commissioners.

If both the ITC and Commerce render affirmative final determinations at the conclusion of the approximately 12-13 month investigation, antidumping and/or countervailing duties orders are issued.

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