The U.S. intends to initiate an anti-circumvention investigation against photovoltaic companies that set up factories in Southeast Asia 2021-08-25

A group of companies that refused to disclose their names but stated that they are members of the US solar energy industry requested the US Department of Commerce to implement anti-dumping (AD) and countervailing duties (CVD) on a small number of crystalline silicon photovoltaic cell and module manufacturers imported from Malaysia, Thailand and Vietnam. Order.

 

The "US Solar Manufacturers Against China Evasion" organization submitted three petitions through Wiley Rein Law Firm, requesting the US Department of Commerce to investigate allegedly "unfair trade imports" from these three countries.

 

The organization said that evading anti-dumping duties and tariffs on Chinese solar products has "hindered the U.S. industry, disrupted our supply chain, and put our clean energy future at risk." (Read "The report shows that solar modules were detained by customs officers")

 

The organization requires the Ministry of Commerce to investigate the following companies:

 

Malaysia: Jinko Solar Technology Sdn.Bhd.; LONGi (Kuching) Sdn. Bhd. and its subsidiaries Vina Cell Technology Company Limited and Vina Solar Technology Company Limited; JA Solar (Malaysia) Co., Ltd. or JA Solar Malaysia Sdn. Bhd.

 

Thailand: Canadian Solar Manufacturing (Thailand) Co., Ltd.; Trina Solar Science & Technology (Thailand) Co., Ltd.; Talesun Solar Technologies Thailand or Talesun Technologies (Thailand) Co., Ltd.; Astroenergy Solar Thailand Co., Ltd.

 

Vietnam: Trina Solar (Vietnam) Science & Technology Co., Ltd.; Canadian Solar Manufacturing (Vietnam) Co., Ltd.; China Sunergy Co., Ltd. Vietnam Company; Boviet Solar Technology (Vietnam) Co., Ltd. or Boviet Solar Technology Co., Ltd.; GCL System Integration Technology (Vietnam) Co. Ltd.; Vina Cell Technology Company Limited and Vina Solar Technology Company Limited; LONGi Green Energy Technology Co., Ltd.; JinkoSolar (Vietnam) Co., Ltd.

 

Timothy Brightbill, a partner at Wiley Rein Law Firm, said that the Ministry of Commerce has 45 days to initiate an investigation based on these petitions. The preliminary ruling may be issued within 180 days, and the final ruling may be issued approximately one year later. He said that all tariffs will be traced back to when the investigation was initiated.

 

Brightbill said in an interview with the American edition of "Photovoltaic" that the action requested by the organization is similar to the action taken against cold-rolled corrosion-resistant steel from China. After the United States began to impose tariffs, Chinese companies were found to send steel to a third country for final processing before exporting to the United States. In this case, the scope of application of tariffs is the entire territory of the third country's enterprises. The scope of enforcement sought by the organization he represents is only narrower and concentrated in a few companies.

 

He declined to disclose the names of the members of the anti-dumping organization, saying, “Given China’s control over the entire solar energy supply chain, if their identities are exposed, they are likely to be retaliated.” He believes that in this case, the companies that form the alliance” Confidentiality is permitted under U.S. law".

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