On August 22, 2022, the US Department of Commerce extended the deadline for issuing preliminary conclusions on the anti-circumvention investigation of trade remedy duty on solar panels imported from Vietnam to November 28, 2022.
In March 2022, based on the application of domestic solar battery manufacturers and exporters, the United States officially initiated an investigation against trade remedy duty circumvention on solar battery products imported from Vietnam.

 

Specifically, according to the information in the application, Vietnamese enterprises are accused of importing silicon wafers from China as the starting material. Then, they process, assemble, and make minor changes to produce solar cells and modules for export to the United States.

 

Currently, the United States is imposing an anti-dumping duty from 15.85% to 238.95% and an anti-subsidy duty from 11.97% to 15.24% for cell and battery modules from China.

 

This past June, US President Joe Biden declared a state of emergency related to a shortage of solar cells and modules.

 

This situation occurs because the United States is trying to achieve its goal of becoming one of the leading countries in green energy in the world. Solar cell-based and modular solar-harvesting energy is particularly important in this development.

 

That is why the people of the world are currently witnessing a strange phenomenon that the United States, to a certain extent, is defying, even somewhat expecting, about the dumping of source solar cells and modules.

 

However, despite the need, compliance with the provisions of law and international treaties on anti-dumping is even more important.

 

Anti-circumvention investigation of trade remedies duty on solar panels imported from Vietnam

 

Accordingly, in order to reduce dependence on fossil fuel sources, President Joe Biden assigned the DOC to consider exemption of anti-dumping, anti-subsidy, and anti-circumvention of anti-dumping and anti-subsidy duties (if any) for solar cell and module products.

 

The period of exemption from the above duties is 24 months from the date of declaration or until the state of emergency is lifted (whichever comes first).

 

It should be noted that this statement does not affect the progress of the trade remedy circumvention investigation on solar panels imported from Vietnam and the three countries mentioned above. At the same time, the statement will also have no direct or indirect impact on the outcome of the investigation. That is, as mentioned above, even if this item is urgently needed, the US will not, therefore, make false, biased, or other conclusions about the investigation.

 

However, if the DOC verifies and concludes that Vietnam has engaged in duty circumvention, Vietnamese manufacturing and exporting enterprises will be entitled to suspend the imposition of duty for a maximum period of 24 months.

 

To ensure their legitimate interests, Vietnamese manufacturing and exporting enterprises should contact a reputable anti-dumping company in Vietnam and the world to receive timely support.

 

Notice details can be downloaded here.

Source: ASL Law Firm