Solar cells and modules - The US investigates anti-circumvention measure (anti-dumping and anti-subsidy tax)

28/03/2022 03:43 - 360 Views

On March 28, 2022, the US Department of Commerce (DOC) announced the initiation of an anti-circumvention investigation into the evasion of anti-dumping and anti-subsidy taxes on solar cells and modules imported from Vietnam, Thailand, Cambodia and Malaysia.

 

I. Relevant information:

 

1. Initiation date: March 28, 2022

 

2. Petitioner: Solar Energy Industry Association (SEIA)
 

3. Good in investigation: Crystalline silicon photovoltaic cells and modules, mostly under HS codes 8501.71, 8501.72, 8501.80, 8507.20, 8541.42 và 8541.43

 

4. Progress of the case:

 

On June 6, 2022, US President Joe Biden declared a state of emergency related to the shortage of solar cells and modules in the country.


Accordingly, in the case that solar cell and module products imported from Vietnam evade trade remedy duties, the decision to impose tariffs is likely to be postponed until June 6, 2024 or until the state of emergency is lifted (whichever comes first).
 

On August 22, 2022, the US Department of Commerce (DOC) announced an extension of the time to issue preliminary conclusions in the investigation of anti-circumvention of trade remedies tax on solar cells imported from Vietnam to November 28, 2022.

 

On December 08, 2022, DOC issued the Preliminary conclusion stating that the imports of Solar cells and modules products from the investigated countries are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on solar cells and modules from China.

 

On August 23, 2023, USDOC issued a final conclusion confirming that there is an act of evasion of anti-dumping and CTC taxes that the United States is applying to imports from China to Vietnam, Thailand, Malaysia, and Cambodia. Tax imposed:

 

  • Anti-dumping tax rate: 238.95%

 

  • CTC tax rate: 15.24%

 

II. Case calendar:

 

Date (D/M/Y)

Events

28/03/2022

Investigation initiation

30/03/2022 Issued Quantity and Value Questionnaire
06/06/2022 Announcement to suspend the application of anti-tax evasion measures until June 6, 2024
22/08/2022 Notice extending the deadline to issue preliminary conclusions on the case to November 28, 2022
08/12/2022 Preliminary conclusion
23/08/2023 USDOC issued a final conclusion

 

The case documents are attached below: 

Tải tài liệu
1. Anti-circumvention investigation initiation
2. Suspension announcement of the application of anti-tax evasion measures
3. Notice of extension of preliminary conclusion issuance deadline
4. Preliminary conclusion
Final conclusion
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