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USITC Votes to Continue Cases Concerning Certain Crystalline Silicon Photovoltaic Products from China and Taiwan

February 14, 2014
News Release 14-019
Contact: Peg O'Laughlin, 202-205-1819
USITC Votes to Continue Cases Concerning Certain Crystalline Silicon Photovoltaic Products from China and Taiwan

The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain crystalline silicon photovoltaic products from China that are allegedly subsidized and from China and Taiwan that are allegedly sold in the United States at less than fair value.

Chairman Irving A. Williamson and Commissioners Dean A. Pinkert, David S. Johanson, and Meredith M. Broadbent voted in the affirmative. Commissioners Shara L. Aranoff and F. Scott Kieff did not participate in these investigations.

As a result of the Commission's affirmative determinations, the U.S. Department of Commerce will continue to conduct its investigations on imports of these products, with its preliminary countervailing duty determination due on or about March 26, 2014, and its antidumping duty determinations due on or about June 9, 2014.

The Commission's public report Certain Crystalline Silicon Photovoltaic Products from China and Taiwan (Investigation Nos. 701-TA-511 and 731-TA-1246-1247 (Preliminary), USITC Publication 4454, February 2014) will contain the views of the Commission and information developed during the investigations.

Copies of the report are expected to be available after March 17, 2014, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be faxed to 202-205-2104.


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 (Preliminary)

Product Description: The merchandise covered by these investigations 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. For purposes of this investigation, subject merchandise also includes modules, laminates and/or panels assembled in the subject country consisting of crystalline silicon photovoltaic cells that are completed or partially manufactured within a customs territory other than that subject country, using ingots that are manufactured in the subject country, wafers that are manufactured in the subject country, or cells where the manufacturing process begins in the subject country and is completed in a non-subject country. 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. 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 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. 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). 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. 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 these investigations is dispositive.

Status of Proceedings:

1.   Type of investigations:  Preliminary antidumping and countervailing duty.
2.   Petitioner: SolarWorld Industries America, Inc., Hillsboro, OR.
3.   Preliminary investigations instituted by the USITC: December 31, 2013.
4.   Commission's conference: January 22, 2014.
5.   USITC vote: February 14, 2014.
6.   USITC determinations to the U.S. Department of Commerce: February 14, 2014.
7.   USITC views to the U.S. Department of Commerce: February 26, 2014.


U.S. Industry:

1.   Number of producers in 2012: Five.
2.   Location of producers' plants:  California, Delaware, Georgia, Illinois, Oregon, Washington.
3.   Employment of production and related workers in 2012: (1)
4.   Apparent U.S. consumption in 2012: (1)
5.   Ratio of the value of total U.S. imports to total U.S. consumption in 2012: (1)


U.S. Imports:

1.   From the subject countries during 2012: (1)
2.   From other countries during 2012: (1)
3.   Leading sources during 2012: (1)

(1) Withheld to avoid disclosure of business proprietary information.

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