U.S. ITC Approves Tariffs but Rolls Back Retroactive Fees

CRYSTALLINE SILICON PHOTOVOLTAIC CELLS AND MODULES FROM CHINA INJURE U.S. INDUSTRY, SAYS USITC

(ITC press release, Nov. 7) The U.S. International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of crystalline silicon photovoltaic cells and modules from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.

The Commerce Department previously made affirmative critical circumstances determinations in its investigations. Therefore, the Commissioners who made affirmative determinations today are required to determine whether imports covered by the Commerce critical circumstances determinations are likely to undermine seriously the remedial effect of the antidumping and countervailing duty orders Commerce will issue.

With respect to critical circumstances, Commissioners Daniel R. Pearson, Shara L. Aranoff, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative with respect to critical circumstances.

As a result of the Commission’s negative determinations regarding critical circumstances, the antidumping and countervailing duty orders concerning these imports will not apply retroactively to goods that entered the United States prior to the date of publication in the Federal Register of the Department of Commerce’s affirmative preliminary determinations.

The Commission’s public report Crystalline Silicon Photovoltaic Cells and Modules from China (Investigation Nos. 701-TA-481 and 731-TA-1190 (Final), USITC Publication 4360, November 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after December 14, 2012, by emailing pubrequest@usitc.gov, calling 202.205.2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202.205.2104.

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FACTUAL HIGHLIGHTS

Crystalline Silicon Photovoltaic Cells and Modules from China
Investigation Nos. 701-TA-481 and 731-TA-1190 (Final)

 

Product Description: The merchandise covered by this investigation are 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. This investigation covers 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 that is generated by the cell. Subject merchandise 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 this investigation. Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Modules, laminates, and panels produced in a third-country from cells produced in the People’s Republic of China are covered by this investigation; however, modules, laminates, and panels produced in China from cells produced in a third country are not covered by this investigation. Merchandise covered by this investigation is currently classified in the Harmonized Tariff System of the United States ( HTSUS”) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.

 

Status of Proceedings:
1. Type of investigations:  Final antidumping and countervailing duty.
2. Petitioner:  SolarWorld Industries America, Inc., Hillsboro, OR. 
3. Investigations instituted by USITC:  October 19, 2011.
4. USITC hearing:  October 3, 2012.
5. USITC vote:  November 7, 2012.
6. USITC notification of Department of Commerce:  November 30, 2012.

U.S. Industry:
1. Number of U.S. producers: 14.
2. Location of producers' cell and module plants:  Arizona, California, Delaware, Florida, Georgia,
       Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Tennessee,
       Washington, and Wisconsin. 
3. Employment of production and related workers of crystalline silicon photovoltaic modules in 2011: 
       1,856.
4. U.S. producers' U.S. shipments of crystalline silicon photovoltaic modules in 2011: $790.5 million.
5. Apparent U.S. consumption of crystalline silicon photovoltaic modules in 2011:  $3.01 billion.   
6. Ratio of subject imports from China to apparent U.S. consumption of crystalline silicon 
       photovoltaic modules in 2011:  57.4 percent.

U.S. Imports in 2011:
1. Quantity of imports of crystalline silicon photovoltaic cells and modules from China:  1.5 million
   kilowatts.
2. Value of imports of crystalline silicon photovoltaic modules from China:  $1.9 billion.