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USITC Says Relief Continues to be Necessary for U.S. Industry Producing Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products
The U.S. International Trade Commission (USITC) today determined that import relief provided beginning in 2018 to the U.S. industry producing crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, continues to be necessary to prevent or remedy serious injury to the U.S. industry, and that there is evidence that the domestic industry is making a positive adjustment to import competition.
The Commission will forward its report on its investigation and determination to the President by December 8, 2021. The President will make the final decision on whether to extend the import relief.
Chair Jason E. Kearns, Vice Chair Randolph J. Stayin, and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Amy A. Karpel voted in the affirmative.
The Commission’s public report Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products, (Inv. No. TA-201-075 (Extension), USITC Publication 5266, December 2021) will include the Commission’s findings.
The report will be available by December 29, 2021; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library.
Background
On January 23, 2018, following an affirmative injury determination by the Commission under the global safeguard law, the President imposed (a) a tariff-rate quota on imports of solar cells not partially or fully assembled into other products and (b) an increase in duties on imports of modules. The remedy took effect on February 7, 2018, for a period of four years.
Unless extended, the relief action will terminate on February 6, 2022. On August 6, 2021, the Commission instituted this investigation, following receipt of petitions requesting an extension of the relief action filed by Auxin Solar Inc. and Suniva, Inc., on August 2, 2021, and by Hanwha Q CELLS USA, Inc., LG Electronics USA, Inc., and Mission Solar Energy on August 4, 2021.
In accordance with the safeguard law, the Commission conducted an investigation to determine whether the relief provided by the President continues to be necessary to prevent or remedy serious injury and whether there is evidence that the industry is making a positive adjustment to import competition.
USITC Releases Report on the Effect of Increasing the Tariff-Rate Quota on Imports of Crystalline Silicon Photovoltaic Cells
The U.S. International Trade Commission (USITC) today released its report on the probable economic effect on the U.S. industry producing crystalline silicon photovoltaic (CSPV) cells and modules of modifying the safeguard remedy imposed by the President in 2018 on imports of these products.
The report, Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure, was requested by the U.S. Trade Representative (USTR) on December 6, 2019.
The USTR asked the USITC to provide its advice on the probable economic effect on the domestic CSPV cell and module manufacturing industry of modifying the safeguard remedy imposed on imports of these products by the President following a USITC global safeguard investigation concerning them.
Specifically, the USTR requested that the Commission analyze the effect of increasing the level of the tariff-rate quota applicable to imports of CSPV cells from the current 2.5 gigawatts (GW) to 4, 5, or 6 GW, without other changes to the remedy. The original remedy imposed, which took effect on February 7, 2018, was (a) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products and (b) an increase in duties on imports of CSPV modules for a period of four years. See Proclamation 9693 of January 23, 2018.
Under section 204(a)(4) of the Trade Act of 1974, the Commission, upon request of the President, is required to advise the President of its judgment as to the probable economic effect on the industry concerned of any reduction, modification, or termination of safeguard measures imposed by the President under the Act.
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Advice on the Probable Economic Effect of Certain Modifications to the Safeguard Measure (Inv. No. TA-201-075 (Modification), USITC Publication 5032, March 2020) is available at https://www.usitc.gov/publications/other/pub5032.pdf.
USITC Releases Report Concerning Developments Within the Industry Producing Crystalline Silicon Photovoltaic Products Since Imposition of Global Safeguard Remedies
The U.S. International Trade Commission (USITC) today released its report on its monitoring of developments within the industry producing crystalline silicon photovoltaic (CSPV) products since the President’s imposition of a safeguard measure on imports of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products.
The report, Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Monitoring Developments in the Domestic Industry, is available to the public via the USITC website (www.usitc.gov).
The measure took effect on February 7, 2018. The President imposed the measure after receiving a USITC determination (under section 202 of the Trade Act of 1974) that crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, were being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry. The measure was in the form of (a) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products and (b) an increase in duties on imports of CSPV modules for a period of four years. See Proclamation 9693 of January 23, 2018.
As required by section 204(a) of the Trade Act of 1974, on July 25, 2019, the Commission instituted a mid-term review to report to the President and the Congress on the results of its monitoring of developments within the industry producing CSVP products since imposition of the safeguard measure.
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Monitoring Developments in the Domestic Industry (Inv. No. TA-201-075 (Monitoring), USITC Publication 5021, February 2020) is available at https://www.usitc.gov/publications/other/pub5021.pdf.
USITC Announces Remedy Recommendations in its Global Safeguard Investigation Involving Imports of Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products
The United States International Trade Commission (USITC) today announced the remedy recommendations that it will forward to the President in its global safeguard investigation regarding imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products).
Today’s action follows the Commission’s September 22, 2017, determination that crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article. Information about that determination can be found here: https://www.usitc.gov/press_room/news_release/2017/er0922ll832.htm.
The statements of the Commissioners regarding their remedy recommendations are attached. Full details on their recommendations will be included in the report to the President.
The Commission will forward its report, which will contain its injury determination, remedy recommendations, certain additional findings, and the basis for them, to the President by November 13, 2017.
The President, not the Commission, will make the final decision whether to provide relief to the U.S. industry and the type and amount of relief.
The Commission's public report to the President Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products), Inv. No. TA-201-075, USITC Publication 4739, November 2017, will be available by December 4, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
STATEMENTS OF THE COMMISSIONERS (click here)
Increased Imports of Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products) Injure U.S. Industry, Says USITC
The U.S. International Trade Commission (USITC) today determined that increased imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article.
The determination was made in the context of an investigation initiated on May 17, 2017, under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) in response to a petition filed by Suniva, Inc., and supported by SolarWorld Americas, Inc. Information about this investigation and global safeguard investigations in general can be found here: https://www.usitc.gov/sites/default/files/press_room/news_release/201_factsheet_finalasposted.pdf.
The Commission’s determination resulted from a 4-0 vote. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent made affirmative determinations.
As a result of today’s vote, the Commission will proceed to the remedy phase of the investigation. The Commission will hold a public hearing on remedy on October 3, 2017. The Commission will submit its report containing its injury determination, remedy recommendations, certain additional findings, and the basis for them to the President by November 13, 2017.
When the Commission makes an affirmative injury determination in a global safeguard investigation, it is required to make certain additional findings under the implementing statutes for the North American Free Trade Agreement (NAFTA) (Canada and Mexico), the U.S.-Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic), the U.S.-Australia Free Trade Agreement, the U.S.-Korea Free Trade Agreement, the U.S.-Colombia Trade Promotion Agreement, the Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area, the U.S.-Panama Trade Promotion Agreement, the U.S.-Peru Free Trade Agreement, and the U.S.-Singapore Free Trade Agreement.
With respect to imports from the NAFTA countries, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Mexico account for a substantial share of total imports and contribute importantly to the serious injury caused by imports. Vice Chairman Johanson and Commissioners Williamson and Broadbent made a negative finding with respect to imports from Canada. Chairman Schmidtlein found such imports from Canada account for a substantial share of total imports and contribute importantly to the serious injury caused by imports.
With respect to imports from Korea, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Korea are a substantial cause of serious injury or threat thereof.
With respect to other FTA countries, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Australia, CAFTA-DR countries, Colombia, Jordan, Panama, Peru, and Singapore individually are not a substantial cause of serious injury or threat thereof.
These findings will be forwarded to the President as part of the Commission’s report.
The President, not the Commission, will make the final decision concerning whether to provide relief to the U.S. industry and the kind of relief to provide, including with respect to imports from FTA countries.
A public report concerning the investigation will be available after the Commission submits its findings and recommendations to the President.
Crystalline Silicon Photovoltaic Cells and Modules from China 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 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.
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.