A petition filed July 17 could result in the imposition of antidumping and/or countervailing duties on imports of crystalline silicon photovoltaic cells from India, Indonesia, and Laos.
Scope
This petition covers CSPV cells, which are made from crystalline silicon and are the building blocks of solar photovoltaic power-generation systems. It covers CSVP cells whether or not they are incorporated into modules, laminates, panels, and building integrated materials.
Existing AD/CVD orders cover CSPV products from China, Cambodia, Malaysia, Taiwan, Thailand, and Vietnam.
AD/CVD Duty Rates
The petition alleges that subject goods are being sold in the U.S. market at less than normal value, specifically at margins of 213.96 percent for India, 89.65 percent for Indonesia, and 245.79 to 249.09 percent for Laos.
However, importers are typically liable for the payment of AD duties at the alleged rates only when importing from foreign producers or exporters that fail to cooperate with AD investigations by the Department of Commerce and International Trade Commission. Lower rates are often assigned to imports from cooperative entities.
The petition also argues that subject goods are being subsidized by the governments of India, Indonesia, and Laos but does not assert specific rates.
Next Steps
The DOC and the ITC will consider this petition and quickly launch investigations to determine dumping margins/net subsidy rates and potential injury to the U.S. domestic industry, respectively. Preliminary determinations are due around Aug. 31 for the ITC and Oct. 10 (CVD) and Dec. 24 (AD) for the DOC, although these dates may be extended.
If these preliminary determinations are affirmative, U.S. importers will be required to post AD and/or CVD cash deposits for all entries of subject merchandise entered on or after the date Commerce’s preliminary determinations are published. However, in certain circumstances, duties could be owed three months prior to that date. In addition, preliminary cash deposit rates can change in the final DOC determinations.
Many important issues affecting coverage, duty rates, and other considerations are argued and decided in the early stages of AD/CVD proceedings before preliminary determinations are issued. Companies that strategically engage in these early stages are best positioned to protect their interests and mitigate any potential duty liability. For more information, please contact Sandler, Travis & Rosenberg.
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