September 12, 2024
News Release 24-089
Inv. No(s). 701-TA-481 and 731-TA-1190
Contact: Jennifer Andberg, 202-205-1819
USITC Makes Determination in Five-Year (Sunset) Reviews Concerning Crystalline Silicon Photovoltaic Cells and Modules from China

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells and modules from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of these products from China will remain in place. 

Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns 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 these five-year (sunset) reviews.

The Commission’s public report Crystalline Silicon Photovoltaic Cells and Modules from China (Inv. Nos. 701-TA-481 and 731-TA-1190 (Second Review), USITC Publication 5546, September 2024) will contain the views of the Commission and information developed during the reviews. 

The report will be available by October 18, 2024; when available, it may be accessed on the USITC website at: https://www.usitc.gov/commission_publications_library


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 reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Crystalline Silicon Photovoltaic Cells and Modules from China were instituted on February 1, 2024.

On May 6, 2024, the Commission determined to conduct expedited five-year reviews. Chair Amy A. Karpel and Commissioners David S. Johanson, Rhonda K. Schmidtlein, and Jason E. Kearns concluded that the domestic interested party group responses were adequate, and the respondent interested party group responses were inadequate, and voted for expedited reviews. 

A record of the Commission’s vote to conduct expedited reviews is available on the investigations page for Crystalline Silicon Photovoltaic Cells and Modules from China; Inv. No. 701-TA-481 and 731-TA-1190 (Second Review).

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