New Antidumping and Countervailing Duty Petitions Filed on U.S. Imports of Certain Solar Cells and Modules From Southeast Asia

On April 24, 2024, the American Alliance for Solar Manufacturing Trade Committee (the Petitioner)¹ filed antidumping and countervailing duty (AD/CVD) petitions on U.S. imports of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells and modules),² from Cambodia, Malaysia, Thailand, and Vietnam. The Petitioner asserts that imports of solar cells and modules from these countries, which represented nearly 80% of U.S. imports of solar cells and modules in 2023, are injuring the U.S. domestic industry because they are sold in the United States for “less than normal value” (i.e., dumped) and unfairly subsidized. These petitions aim to impose antidumping and countervailing duties on U.S. imports of solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam that were not subject to the recent determinations by the U.S. Department of Commerce (DOC) that certain solar cells and modules from these countries were circumventing the existing AD/CVD orders on solar cells and modules from China.³

If the DOC determines that such dumping or subsidization is occurring and the U.S. International Trade Commission (ITC) determines that these imports are materially injuring or threatening material injury to the U.S. domestic industry, the DOC may impose significant duties, which may equal or exceed the margins alleged in the petitions — that is, Cambodia 126.07%, Malaysia 81.24%, Thailand 70.35%, and Vietnam 271.45%. 

This Sidley Update provides further information about these petitions in the following sections below: (1) proposed scope of the investigations; (2) producers, exporters, and importers named in the petitions; (3) alleged dumping margins and subsidy rates; and (4) key dates and deadlines.

Sidley lawyers are available to advise and assist producers, exporters, importers, and purchasers that may be affected by these AD/CVD petitions. 

I. Proposed Scope of the Investigations

The Petitioner requests that the scope of the investigations include 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. According to the requested scope, these investigations will cover 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 generated by the cell.

Merchandise under consideration 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 merchandise under consideration are included in the scope of the investigations.

According to the Petitioner, the imports described in the scope are currently primarily classifiable under Harmonized Tariff Schedule of the United States subheadings 8501.61.0000, 8507.20.80, 41.42.0010, and 8541.43.0010.

A complete version of the proposed scope is available here.

II. Producers, Exporters, and Importers Named in the Petition

The Petitioner identified the foreign producers/exporters of solar cells and modules in the subject countries included in the petitions and the U.S. importers of those identified foreign producers/exporters.

A list of the foreign producers/exporters is available here.

A list of the known U.S. importers is available here.

III. Alleged Dumping Margins and Subsidy Rates

The Petitioner alleges that solar cells and modules imported from the subject countries included in the petitions are being dumped in the United States at the following margins:

• Cambodia: 127.06%
• Malaysia: 81.24%
• Thailand: 70.35%
• Vietnam: 271.45%

Although the Petitioner does not allege specific subsidy rates, the CVD petitions could add substantially to the total amount of duties imposed on imports of solar cells and modules from these countries.

IV. Key Dates and Deadlines

The ITC will shortly begin the data collection portion of the preliminary phase of its injury investigation by issuing questionnaires to foreign producers/exporters, U.S. importers, and U.S. purchasers. These questionnaires will be available on the ITC website.

The upcoming key dates and deadlines in the preliminary phases of the ITC’s and DOC’s investigations are listed below:

• Deadline to respond to the ITC’s preliminary questionnaires — May 8, 2024
• Deadline for request to appear at ITC conference — May 13, 2024
• Deadline for DOC initiation — May 14, 2024⁴
• ITC conference — May 15, 2024
• ITC postconference briefs due from parties — May 20, 2024
• ITC vote date — June 7, 2024
• DOC preliminary CVD determinations — July 18, 2024 (may be extended)
• DOC preliminary AD determinations — October 1, 2024 (may be extended)

¹ This group consists of Convalt Energy, First Solar, Inc., Hanwha Q CELLS USA, Inc., and Mission Solar Energy LLC. The petitions are also supported by Meyer Burger (Americas) Ltd., REC Silicon and Swift Solar.

² Thin film photovoltaic products produced from amorphous silicon (a- Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS) are excluded from the scope of the investigations.

³ See Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Final Scope Determination and Final Affirmative Determinations of Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 Fed. Reg. 57419 (Dep’t of Commerce August 23, 2023).

⁴ If the DOC initiates these investigations, it will establish a series of additional deadlines allowing interested parties to comment on important aspects of its investigations, including the scope of the investigations and the selection of particular exporters/producers as mandatory respondents. The DOC will then usually select one or two mandatory respondents from each country included in the petitions for each of the AD and CVD investigations and issue detailed questionnaires to those mandatory respondents with very tight deadlines.