Antidumping
USITC Determines That Injurious Effect of Imports of Sugar from Mexico is Eliminated by Commerce Suspension Agreements
The U.S. International Trade Commission (USITC) today determined that the injurious effect of imports of sugar from Mexico on the domestic industry as a whole is eliminated by suspension agreements agreed to by the U.S. Department of Commerce (Commerce) and the government of Mexico and Mexican exporters of sugar.
Consistent with the Commission’s practice, Commissioners will explain in their forthcoming opinion their views with respect to the arguments made by the domestic industry, including the petitioning U.S. refiners, and the other interested parties regarding the impact of those agreements.
As a result of the Commission’s affirmative determinations that the injurious effect of imports of sugar from Mexico is eliminated by the Commerce suspension agreements, the suspension agreements will remain in effect.
All six Commissioners voted in the affirmative.
The Commission’s determinations result from reviews conducted under sections 704(h) and 734(h) of the Tariff Act of 1930, as amended, 19 U.S.C. §§ 1671c(h) and 1673c(h), as a result of petitions filed on January 8, 2015, by Imperial Sugar Company (Imperial), Sugarland, TX, and AmCane Sugar LLC (AmCane), Taylor, MI. These are the first reviews that the Commission has conducted under sections 704(h) and 734(h). Under these provisions the Commission was required to determine in these investigations “whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement.” Unlike in sections 701(a) and 731(a) investigations, the Commission has not analyzed here whether the subject imports from Mexico have caused material injury to a domestic industry.
Commerce is currently considering requests filed by Imperial and AmCane to continue the underlying investigations. Whether or not underlying investigative proceedings are continued will depend upon whether Commerce accepts these requests.
If the underlying investigations are not continued or if they are continued and Commerce and the Commission make affirmative final determinations in the continued investigations, the suspension agreements will remain effective. If Commerce or the Commission make a negative determination in either of the continued investigations, the pertinent suspension agreement will have no effect, and no duties will be imposed.
The Commission’s public report Sugar from Mexico (Investigation Nos. 704-TA-1 and 734-TA-1 (Review), USITC Publication 4523, April 2015) will contain the views of the Commission and information developed during the reviews.
The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
USITC Makes Determination in Five-Year (Sunset) Review Concerning Tetrahydrofurfuryl Alcohol from China
As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place.
All six Commissioners voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on this five-year (sunset) review.
The Commission’s public report Tetrahydrofurfuryl Alcohol from China (Inv. No. 731-TA-1146 (Second Review), USITC Publication 4524, April 2015) will contain the views of the Commission and information developed during the review.
The report will be available after April 24, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) review concerning Tetrahydrofurfuryl Alcohol from China was instituted on November 3, 2014.
On February 6, 2015, the Commission voted to conduct an expedited review. All six Commissioners concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review.
A record of the Commission’s vote to conduct an expedited review is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
Bulletin 15-007
Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal
BULLETIN
The U.S. International Trade Commission has made affirmative determinations in its preliminary phase antidumping and countervailing duty investigations concerning Certain Uncoated Paper from Australia, Brazil, China, Indonesia, and Portugal.
Note to Users: This bulletin will be replaced by the news release when the release is available. News releases are generally issued approximately three hours after a Commission vote.
Sugar from Mexico: Procedures for Oral Proceeding
On January 21, 2015, the Commission issued a Notice of Institution (“Notice”) in the referenced reviews. 80 Fed. Reg. 3977 (Jan. 26, 2015). The Notice stated that the Commission would convene a proceeding on Thursday, February 19, 2015 at 9:30 a.m. at 500 E Street, SW, Washington, D.C. to receive oral presentations in these reviews. It also stated that the Commission would provide further information about the nature of that proceeding at a later date. This notice provides that information.
As an initial matter, these reviews are being conducted pursuant to sections 704(h) and 734(h) of the Tariff Act of 1930 (“the Act”) (19 U.S.C. §§ 1671c(h) and 1673c(h)). Because the focus of these reviews concerns whether the injurious effect of imports of the subject merchandise is eliminated completely by the suspension agreements at issue, presentations at the oral proceeding should focus on this inquiry. This inquiry is distinct from the analysis in the underlying antidumping and countervailing duty investigations.
Those desiring to participate at the oral proceeding should file an intent to participate in writing with the Secretary to the Commission no later than February 13, 2015 and should identify in that submission the names of the individuals who plan to participate at the proceeding. There will be two panels at the oral presentation: (1) parties in favor of the petitions filed under 704(h) and 734(h) of the Act and (2) parties opposed to these petitions. If any United States agency or agencies wish to participate, a third panel will be added consisting of these witnesses. Each panel will be allowed up to thirty minutes for its oral presentations of which it may reserve up to five minutes for rebuttal. Commissioners will ask questions of each panel after its presentation. Each participant shall limit its presentation to a summary of the information and arguments contained in the first written submissions, an analysis of the information and arguments contained in the first written submissions, and information appropriate to respond to information and arguments made in other parties’ submissions. Parties are not to otherwise present new factual information at the oral presentation but may have witnesses available to provide factual information in response to questions posed by the Commission. Presentations shall not include business proprietary information.
As indicated in the Notice, the record of these reviews will include the record from the Commission’s preliminary determinations concerning Sugar from Mexico. The Commission does not intend to place into the record information that it has collected in its final phase investigations because that information gathering process is not complete. As indicated in the Notice, parties may submit new factual information in the first written submission. Written submissions and testimony should not include any information submitted in the final phase investigations that a party has received pursuant to Administrative Protective Order or cite to any information from the record of the final phase investigations.
By order of the Commission.
Lisa R. Barton
Secretary to the Commission
Issued: February 4, 2015
Certain Steel Threaded Rod from India Does Not Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is neither materially injured nor threatened with material injury by reason of imports of certain steel threaded rod from India that the U.S. Department of Commerce has determined are subsidized and sold in the United States at less than fair value.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and F. Scott Kieff voted in the negative. Commissioner Rhonda K. Schmidtlein did not participate in these investigations.
As a result of the USITC's negative determinations, no antidumping and countervailing duty orders will be issued.
The Commission's public report Certain Steel Threaded Rod from India (Investigation Nos. 701- TA-498 and 731-TA-1213 (Final), USITC Publication 4487, August 2014) will contain the views of the Commissioners and information developed during the investigations.
The report will be available after September 8, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Steel Threaded Rod from India
Investigation Nos. 701-TA-498 and 731-TA-1213 (Final)
Product Description: Certain steel threaded rod is carbon quality steel rod threaded along greater than 25 percent of its length, with a solid, circular cross section, of any diameter, in any straight length, and is forged, turned, cold-drawn, cold-rolled, machine straightened, or otherwise cold-finished. This product is primarily used in commercial construction applications to suspend support systems for electrical conduit, pipes for plumbing, HVAC ductwork, sprinkler systems, etc. Normally, one end of the threaded rod is fastened to the ceiling and the other end is fastened to the support that is holding the pipes or ductwork or sprinkler.
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping.
2. Petitioners: All America Threaded Products, Inc., Denver, CO; Bay Standard
Manufacturing, Inc., Brentwood, CA; and Vulcan Threaded Products, Inc., Pelham,
AL.
3. Investigation instituted by USITC: June 27, 2013.
4. USITC hearing: March 20, 2014.
5. USITC vote: August 6, 2014.
6. USITC notification of Department of Commerce: August 18, 2014.
U.S. Industry:
1. Number of U.S. producers in 2013: 5.
2. Location of producers' plants: Alabama, California, Colorado, Indiana, Ohio,
Pennsylvania, and Texas.
3. Employment of production and related workers in 2013: (1)
4. U.S. producers' U.S. shipments in 2013: (1)
5. Apparent U.S. consumption in 2013: (1)
6. Ratio of subject imports to apparent U.S. consumption in 2013: (1)
U.S. Imports in 2013:
1. From the subject countries during 2013: India $14.2 million, Thailand $10.5 million.
2. From other countries during 2013: $29.6 million.
3. Leading sources during 2013: China, India, and Thailand (in terms of total value).
(1) Withheld to avoid disclosure of business proprietary information.
Ferrosilicon from Venezuela Does Not Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is neither materially injured nor threatened with material injury by reason of imports of ferrosilicon from Venezuela that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
All six Commissioners voted in the negative.
As a result of the USITC's negative determination, no antidumping duty order will be issued.
The Commission's public report Ferrosilicon from Venezuela (Investigation No. 731-TA-1225 (Final), USITC Publication 4490, September 2014) will contain the views of the Commissioners and information developed during the investigation.
The report will be available after September 30, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_log list.asp.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Ferrosilicon from Venezuela
Investigation No. 731-TA-1225 (Final)
Product Description: The merchandise covered by these investigations is all forms and sizes of ferrosilicon, regardless of grade, including ferrosilicon briquettes. Ferrosilicon is a ferroalloy containing by weight 4 percent or more iron, more than 8 percent but not more than 96 percent silicon, 3 percent or less phosphorus, 30 percent or less manganese, less than 3 percent magnesium, and 10 percent or less any other element. The merchandise covered also includes product described as slag, if the product meets these specifications.
Status of Proceedings:
1. Type of investigations: Final antidumping.
2. Petitioners: Globe Specialty Metals, Inc., New York, NY; CC
Metals and Alloys, LLC, Calvert City, KY; the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy,
Allied Industrial and Service Workers International Union
(USW); and the International Union, United Automobile,
Aerospace and Agricultural Implement Workers of America
(UAW).
3. Preliminary investigation instituted by the USITC: July 19, 2013.
4. USITC hearing: July 29, 2014.
5. USITC vote: August 26, 2014.
6. USITC determinations due: September 8, 2014.
7. Scheduled date for USITC views: September 8, 2014.
U.S. Industry:
1. Number of producers in 2013: Two.
2. Location of producers' plants: Alabama, Kentucky, and Ohio.
3. Employment of production and related workers in 2013: (1)
4. Apparent U.S. consumption in 2013: (1)
5. Ratio of the value of total U.S. imports to total U.S. consumption in 2013: (1)
U.S. Imports:
1. From the subject country during 2013: $44.8 million.
2. From other countries during 2013: $270.0 million.
3. Principal sources during 2013, by value: Russia, China, Venezuela, Canada.
(1) Withheld to avoid disclosure of business proprietary information.
Grain-Oriented Electrical Steel from Germany, Japan, and Poland Does Not Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is neither materially injured nor threatened with material injury by reason of imports of grain-oriented electrical steel from Germany, Japan, and Poland that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
Chairman Meredith M. Broadbent, Vice Chairman Dean A. Pinkert, and Commissioners Irving A. Williamson, David S. Johanson, and F. Scott Kieff voted in the negative. Commissioner Rhonda K. Schmidtlein voted in the affirmative.
As a result of the USITC's negative determinations, no antidumping duty orders will be issued on imports of this product from Germany, Japan, and Poland.
The Commission's public report Grain-Oriented Electrical Steel from Germany, Japan, and Poland (Investigation Nos. 731-TA-1233, 1234, and 1236 (Final), USITC Publication 4491, September 2014) will contain the views of the Commissioners and information developed during the investigations.
The report will be available after October 1, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Grain-Oriented Electrical Steel from
China, the Czech Republic, Germany, Japan, Korea, Poland, and Russia
Investigation Nos. 701-TA-505 and 731-TA-1231-1237 (Final)
Product Description: Grain-oriented silicon electrical steel (GOES) is a flat-rolled alloy steel product, with the metallic grains elongated lengthwise along the direction of rolling, of conventional or high magnetic permeability, and is available in either coils or straight lengths. GOES undergoes cutting, punching, coating, and other operations to manufacture laminated electro-magnetic cores for electrical power and distribution transformers. Specifically excluded are flat-rolled products not in coils that, prior to importation into the United States, have been cut to shape and undergone all punching, coating, or other operations necessary for classification as a transformer part (i.e., a laminated core).
Status of Proceedings:
1. Type of investigation: Final countervailing duty and antidumping.
2. Petitioners: AK Steel Corp., West Chester, OH; Allegheny Ludlum LLC, Pittsburgh, PA;
and the United Steel Workers, Pittsburgh, PA.
3. Investigation instituted by USITC: September 18, 2013.
4. USITC hearing: July 24, 2014.
5. USITC vote: August 27, 2014 (Germany, Japan, and Poland).
6. USITC notification of Department of Commerce: September 8, 2014.
U.S. Industry:
1. Number of U.S. producers in 2013: Two.
2. Location of producers' plants: Ohio and Pennsylvania.
3. Employment of production and related workers in 2013: (1)
4. U.S. producers' U.S. shipments in 2013: (1)
5. Apparent U.S. consumption in 2013: (1)
6. Ratio of subject imports to apparent U.S. consumption in 2013: (1)
U.S. Imports in 2013:
1. From Germany, Japan, and Poland during 2013: $48.1 million.
2. From China, the Czech Republic, Korea, and Russia during 2013: $23.3 million.
3. From other countries during 2013: $6.7 million.
4. Leading sources during 2013: Japan, the Czech Republic, and China (in terms of total
value).
(1) Withheld to avoid disclosure of business proprietary information.
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan Injure U.S. Industry
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured or threatened with material injury by reason of imports of diffusion-annealed, nickel-plated flat-rolled steel products from Japan that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative. Commissioner Rhonda K. Schmidtlein did not participate in this investigation.
As a result of the USITC's affirmative determination, an antidumping duty order will be issued on imports of this product from Japan.
The Commission's public report Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan (Investigation No. 731-TA-1206 (Final), USITC Publication 4466, May 2014) will contain the views of the Commissioners and information developed during the investigation.
The report will be available after June 6, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Copies also may be requested after that date by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan
Investigation No. 731-TA-1206 (Final)
Product Description: Diffusion-annealed, nickel-plated steel is a flat-rolled steel product, plated or coated with nickel or with a nickel-based alloy and subsequently annealed. Annealing after nickel-plating causes the formation of a thin layer of iron-nickel alloy between the steel substrate and the nickel coating, which prevents the nickel coating from flaking or separating from the substrate during fabrication operations. The principal application for diffusion-annealed, nickel-plated steel is for the fabrication of cans and end caps of alkaline and lithium batteries. Diffusion-annealed, nickel-plated steel is also used for the manufacture of fuel, power-steering, and other automotive fluid lines.
Status of Proceeding: 1. Type of investigation: Final antidumping. 2. Petitioner: Thomas Steel Strip Corporation, Warren, Ohio. 3. Investigation instituted by the USITC: March 27, 2013. 4. USITC hearing: April 1, 2014. 5. USITC vote: May 2, 2014. 6. Scheduled date for USITC views: May 16, 2014. U.S. Industry: 1. Number of producers in 2013: One. 2. Location of producer's plant: Ohio. 3. Employment of production and related workers in 2013: (1) 4. Apparent U.S. consumption in 2013: (1) 5. Ratio of the value of total U.S. imports to total U.S. consumption in 2013: (1) U.S. Imports: 1. From the subject country during 2013: (1) 2. From other countries during 2013: (1) 3. Sources during 2013: Japan, Germany, and Korea.
(1) Withheld to avoid disclosure of business proprietary information.
Steel Threaded Rod from Thailand Does Not Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of steel threaded rod from Thailand that the U.S. Department of Commerce has determined are sold in the United States at less than fair value.
Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, Meredith M. Broadbent, and F. Scott Kieff voted in the negative.
As a result of the USITC's negative determination, no antidumping duty order will be issued on imports of this product from Thailand.
The Commission's public report Steel Threaded Rod from Thailand (Investigation No. 731-TA- 1214 (Final), USITC Publication 4462, May 2014) will contain the views of the Commissioners and information developed during the investigation.
The report will be available after May 22, 2014. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp. Copies also may be requested after that date by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Steel Threaded Rod from Thailand
Investigation No. 731-TA-1214 (Final)
Product Description: Certain steel threaded rod, bar, or studs, of carbon quality steel, threaded along greater than 25 percent of its length, with a solid, circular cross section, of any diameter, in any straight length, that has been forged, turned, cold-drawn, cold-rolled, machine straightened, or otherwise cold-finished. This product is primarily used in commercial construction applications to suspend support systems for electrical conduit, pipes for plumbing, HVAC ductwork, sprinkler systems, etc. Normally, one end of the threaded rod is fastened to the ceiling and the other end is fastened to the support that is holding the pipes or ductwork or sprinkler.
Status of Proceedings:
1. Type of investigation: Final antidumping.
2. Petitioners: All America Threaded Products, Inc., Denver, CO; Bay Standard Manufacturing,
Inc., Brentwood, CA; and Vulcan Threaded Products, Inc., Pelham, AL.
3. Investigation instituted by USITC: June 27, 2013.
4. USITC hearing: March 20, 2014.
5. USITC vote: April 17, 2014.
6. USITC notification of Department of Commerce: May 1, 2014.
U.S. Industry:
1. Number of U.S. producers in 2013: 5.
2. Location of producers' plants: Alabama, California, Colorado, Indiana, Ohio, Pennsylvania,
and Texas.
3. Employment of production and related workers in 2013: (1)
4. U.S. producers' U.S. shipments in 2013: (1)
5. Apparent U.S. consumption in 2013: (1)
6. Ratio of subject imports to apparent U.S. consumption in 2013: (1)
U.S. Imports in 2013:
1. From the subject countries during 2013: India $14.2 million, Thailand $10.5 million.
2. From other countries during 2013: $29.6 million.
3. Leading sources during 2013: China, India, and Thailand (in terms of total value).
(1) Withheld to avoid disclosure of business proprietary information.
Certain Crystalline Silicon Photovoltaic Products from China and Taiwan Injure U.S. Industry, Says USITC
The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of certain crystalline silicon photovoltaic products from China and Taiwan that the U.S. Department of Commerce has determined are sold in the United States at less than fair value and are subsidized by the government of China.
Vice Chairman Dean A. Pinkert and Commissioners Irving A. Williamson, David S. Johanson, and Rhonda K. Schmidtlein voted in the affirmative. Chairman Meredith M. Broadbent voted in the affirmative with respect to modules from China and Taiwan and in the negative with respect to cells from Taiwan (cells from China were not included in the scope of these investigations). Commissioner F. Scott Kieff did not participate in these investigations.
As a result of the USITC’s affirmative determinations, the U.S. Department of Commerce will issue countervailing duty orders on imports of these products from China and antidumping duty orders on imports of these products from China and Taiwan.
The Commission’s public report Certain Crystalline Silicon Photovoltaic Products from China and Taiwan (Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final), USITC Publication 4519, January 2015) will contain the views of the Commissioners and information developed during the investigations.
The report will be available after February 20, 2015. After that date, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Office of Industries
Washington, DC 20436
FACTUAL HIGHLIGHTS
Certain Crystalline Silicon Photovoltaic Products from China and Taiwan
Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Final)
Product Description:
China Scope:
The merchandise covered by this investigation is modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of this investigation, subject merchandise includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells produced in a customs territory other than China.
Subject merchandise includes modules, laminates and/or panels assembled in China consisting of 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.
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 modules, laminates and/or panels assembled in China, consisting of 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 cells. Where more than one module, laminate and/or panel is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all modules, laminates and/or panels that are integrated into the consumer good.
Further, also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, laminates and/or panels, from China.1
Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 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.
Taiwan Scope:
The merchandise covered by this investigation is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials.
Subject merchandise includes 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.
Modules, laminates, and panels produced in a third-country from cells produced in Taiwan are covered by this investigation. However, modules, laminates, and panels produced in Taiwan from cells produced in a third-country are not covered by 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 cells. 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.
Further, also excluded from the scope of this investigation are any products covered by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic of China (“China”). Also excluded from the scope of this investigation are modules, laminates, and panels produced in China from crystalline silicon photovoltaic cells produced in Taiwan that are covered by an existing proceeding on such modules, laminates, and panels from China.
Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 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 investigation: Final antidumping and countervailing duty.
2. Petitioner: SolarWorld Industries America, Inc., Hillsboro, OR.
3. Investigation instituted by USITC: December 31, 2013.
4. USITC hearing: December 8, 2014.
5. USITC vote: January 21, 2014.
6. USITC notification of Department of Commerce: February 5, 2015.
U.S. Industry:
1. Number of U.S. producers in 2013: Nine.
2. Location of producers’ plants: Arizona, California, Delaware, Georgia, Illinois, Minnesota, North Carolina, Oregon, Washington.
3. Employment of production and related workers in 2013 (modules): 768
4. U.S. producers’ U.S. shipments in 2013 (modules): $207.0 million
5. Apparent U.S. consumption in 2013 (modules): $2,077.1 million
6. Ratio of subject imports to apparent U.S. consumption in 2013 (modules): 82.8
U.S. Imports in 2013:
1. From the subject countries during 2013 (modules): $1,720.1 million
2. From other countries during 2013 (modules): $109.5 million
3. Leading sources during 2013 (modules, alphabetical order): China, Korea, Malaysia, Mexico, Philippines, Singapore, and Taiwan.
1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Countervailing Duty Order, 77 FR 73017 (December 7, 2012).