ITC Ruling Will Initiate Complete Investigation Into Solar Disparity

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The International Trade Commission (ITC) has made a preliminary determination in its anti-dumping and countervailing-duty investigation into Chinese solar cell and module trade practices, having voted 6-0 this morning that there is a ‘reasonable indication’ that those practices are detrimental to the domestic solar industry.

With this vote, the U.S. Department of Commerce (DOC) has been given the green light to continue investigating the allegedly unfair or illegal importation of Chinese crystalline-silicon photovoltaic products – namely, that cells and modules are being sold in the U.S. at prices under fair value and that the Chinese government is unfairly subsidizing its own manufacturing base.

Hanging in the balance of these investigations is whether anti-dumping and countervailing duties will be established to prevent Chinese anti-competitive practices and level the playing field for U.S. solar manufacturers.

The Coalition for American Solar Manufacturing (CASM), led by SolarWorld Industries America Inc., filed the cases with the ITC and DOC in October.

‘The ITC's unanimous ruling underscores what American solar manufacturers have argued for months: Without any production cost advantage, dumping by Chinese solar manufacturers and massive subsidies by the Chinese government are enabling Chinese producers to drive out U.S. competition,’ said Gordon Brinser, president of CASM, in a statement.

The DOC is expected to make a ruling, perhaps as soon as mid-January, regarding preliminary remedies. These remedies could include, for instance, a requirement that Chinese importers deposit estimated duties on imports they made as far back as Oct. 14.

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