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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 Says Relief for U.S. Large Residential Washers Industry Continues to be Necessary
The U.S. International Trade Commission (USITC) today determined that import relief provided to the U.S. large residential washers industry beginning in 2018 continues to be necessary to prevent or remedy serious injury to the U.S. industry, and 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, 2020. 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 Large Residential Washers (Inv. No. TA-201-076 (Extension), USITC Publication 5144, December 2020) will include the Commission’s findings and recommendations.
The report will be available by December 8, 2020 (note corrected date); 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 tariff rate quotas on imports of certain large residential washers and parts thereof. The remedy took effect on February 7, 2018, for a period of three years and one day.
Unless extended, the relief action will terminate on February 7, 2021. On August 3, 2020, the Commission instituted this investigation, upon receipt of a petition filed by Whirlpool Corporation of Benton Harbor, MI, requesting an extension of the relief action.
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.
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.