A petition filed April 24 alleges that crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia, Malaysia, Thailand, and Vietnam are being sold at less than fair value in the U.S. and benefiting from countervailable subsidies. The alleged average dumping margins are 126.07 percent for Cambodia, 81.24 percent for Malaysia, 70.35 percent for Thailand, and 271.45 percent for Vietnam.

The products covered by this petition are the building blocks of solar photovoltaic power generation systems. The petition specifically targets CSPV cells, and modules, laminates, and panels consisting of CSPV cells, whether or not partially or fully assembled into other products. Subject cells have a thickness of 20 micrometers or more and a positive-negative junction formed by any means, regardless of whether the cells have undergone other processing such as cleaning, etching, coasting, and/or addition of materials to collect of forward the electricity generated by the cell.

Subject goods are classified under HTSUS subheadings 8501.61.0000, 8507.20.80, 8541.42.0010, and 8541.43.0010.

There are a wide range of CSPV cells excluded from the scope of the petition, including those permanently integrated into consumer goods not intended for power generation, various off-grid cells, and cells covered by existing AD/CV duty orders on CSPV cells from China.

The Department of Commerce and the International Trade Commission will next determine whether to launch AD and CV duty and injury investigations, respectively, on this product. There are strict statutory deadlines associated with these proceedings, so affected companies that wish to protect their interests should contact Sandler, Travis & Rosenberg as soon as possible.

For more information, please contact attorney Kristen Smith at (202) 730-4965.

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