Taiwan requests WTO consultations with the US over the Trump administration’s tariffs on solar cells.

pexels-photo-260566.jpeg

 

After the Trump administration announced tariffs on solar modules and cell manufacturers for the next 5 years with tariff rates starting at 30%, Taiwan submitted a request for a consultation with the US regarding these duties.

Taiwan’s January 29th filing states:

“Having a substantial interest as an exporter in this case, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu requests consultations with United States under Article 12.3 of the Agreement on Safeguards with a view to, inter alia, exchanging views on the proposed measure and reaching an understanding on ways to achieve the objective set out in Article 8.1 of the Agreement on Safeguards,”

Taiwan is also one of the world’s leading PV manufacturing industries and approximately 13 GW of solar cell manufacturing capability.

More updates to follow if and when a consultation occurs.

If your company imports solar modules and PV cells subject to these dumping rates or you want to know whether your imports are within the scope of the order, call experienced antidumping and countervailing duty attorney David Hsu for a free consultation, 832-896-6288, dhsu@givensjohnston.com.

U.S. Department of Commerce Issues Preliminary Antidumping Duties On Chinese Solar Cells.

pexels-photo-371900.jpegYesterday I posted about countervailing duties on imports of crystalline silicon photovoltaic cells; today’s solar panel post is about the preliminary results of the antidumping review and preliminary duties on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China.

The Department of Commerce (Commerce) conducted an administrative review of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People’s Republic of China (China) and looked at imports from December 1, 2015, through November 30, 2016 (Period of Review, POR).

The scope of the antidumping review covered “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. Merchandise covered by this order is classifiable under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000 of the Harmonized Tariff Schedule of the United States (HTSUS).”

Commerce typically covers multiple mandatory respondents. However, in the instant review, the administrative review covered only mandatory respondent, Trina Solar (Hefei) Science and Technology Co., Ltd (Trina). Commerce treated the various Trina entities: Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd., as one single entity.

As a result of their review, Commerce preliminary found that Trina sold subject merchandise in the United States at prices below normal value during the Period of Review and is therefore subject to a duty of 61.61%.

All other exporters of crystalline silicon photovoltaic cells will be subject to the China-wide entity rate of 238.95%.

As the findings are preliminary, interested parties still have 30 days from January 9th, 2018 to submit case briefs.

The entity wide rate of 238.95% for imports of crystalline silicon photovoltaic cells from China highlight why it is important for all manufacturers, producers, exporters, importers or other interested parties to enter an appearance with Commerce and request a review, file a separate rate application or certification, scope requests, or other actions to protect their interests.

The full notice from the Federal Register can be found here.

If you are a producer, importer, exporter of crystalline silicon photovoltaic cells and have any questions about how these preliminary ADD/CVD orders effect your company and business, call David Hsu’s office at 713.932.1540, mobile phone at 832.896.6288 or email at dhsu@givensjohnston.com.

 

U.S. Department of Commerce Issues Preliminary Duties On Chinese Solar Cells.

pexels-photo-356049.jpegIn a notice posted on the Federal Register here, the U.S. Department of Commerce (Commerce) has preliminarily found that “Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China”, will be subject to preliminary countervailing duties.

Commerce determined that countervailable subsidies are being provided to producers and exporters of crystalline silicon photoltaic cells, whether or not assembled into modules (solar cells) from the People’s Republic of China (China).

The scope of the order covers 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.

The two mandatory respondents and their respective subsidy rates include Canadian Solar Inc. and its Cross-Owned Affiliates - 13.72% and Changzhou Trina Solar Energy Co., Ltd. and its Cross-Owned Affiliates - 10.93%. Non-selected companies under review have a subsidy rate of 12.64%

If you or someone you know imports crystalline silicon photovoltaic cells from China and they have questions about how this order affects them, please call David Hsu at 832.896.6288 or by email at dhsu@givensjohnston.com.

January 2018 may see potential tariffs on all solar panel imports to the US.

Solar Panels

President Trump campaigned with a tough on trade message and it appears January 2018 may be the first of many actions taken by the current administration.

The potential tariffs involve the importation of solar panels from around the world. Currenly, manufacturers in China account for almost two-thirds of all solar panel production worldwide and in the last 10 years, China’s manufacturers have lowered the global prices of solar panels by 90 percent. While Chinese manufacturers argue the lower solar panel prices benefit the environment, American producers successfully argued for the US to impose tariffs for Chinese solar panels “dumped” into the United States.

These tariffs have resulted in Chinese manufacturers shifting the manufacturing of solar panels to Southeast Asia to avoid paying anti-dumping duties to the US. In response, American producers have now asked the Department of Commerce to implement tariffs on all solar panel imports to the US regardless of country of origin. With a fast approaching deadline of January 26th, we will see whether the Trump administration upholds their tough on trade message.