Solar Manufacturers File Trade Duty Petitions with ITC, Commerce Department


The American Alliance for Solar Manufacturing Trade Committee, made up of domestic manufacturers Convalt Energy, First Solar, Meyer Burger, Mission Solar, Qcells, REC Silicon and Swift Solar, has filed a set of antidumping and countervailing duty petitions with the U.S. International Trade Commission (USITC) and the U.S. Department of Commerce to investigate potentially illegal trade practices by Cambodia, Malaysia, Thailand and Vietnam. 

This action comes within a year of the Department of Commerce making its determination that Chinese solar manufacturers were circumventing tariffs on solar cells and panels by shipping their products through other countries.

However, companies found to be circumventing the tariffs are not expected to pay tariffs when the moratorium ends in June, because their supply chains mean they are no longer in violation as outlined in the circumvention decision. This new trade case seeks to address the alleged trade practices by these solar manufacturers in other countries.

The Solar Energy Industries Association, American Clean Power Association, Advanced Energy United and American Council on Renewable Energy issued a statement on the petitions:

“Today’s filing creates market uncertainty in the U.S. solar industry and poses a potential threat to the build-out of a domestic solar supply chain.

“America’s energy security relies upon building a strong domestic solar supply chain, which our members strongly support, and the Advanced Manufacturing Tax Credit and incentives are working to drive historic investments in U.S. solar manufacturing that are building domestic capacity for a U.S. solar supply chain.

“We are deeply concerned the AD/CVD petitions will lead to further market volatility across the U.S. solar and storage industry and create uncertainty at a time when we need effective solutions that support U.S. solar manufacturers. We need constructive actions, like the Advanced Manufacturing Tax Credit and other policies, to expand domestic solar manufacturing and deploy clean energy at scale and speed to serve growing electricity demand.

“America’s clean energy industry is urging the Biden administration to consider alternative solutions to address the petitioners’ concerns so that we can uplift American manufacturers and maintain a thriving clean energy economy across the value chain.”

The alliance is represented by Wiley Rein. The team representing the petitioner also includes partners Laura El-Sabaawi and Stephanie M. Bell.

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