The Ministry of Commerce today announced its preliminary affirmative ruling in the countervailing duty (CVD) case involving the import of solar cells from Southeast Asia. Following an affirmative determination by the U.S. International Trade Commission in June that the U.S. solar panel manufacturing industry is being significantly harmed by imports of silicon solar cells and panels from Cambodia, Malaysia, Thailand and Vietnam, the trade has been working on the applicable tariff amounts. .
Preliminary CVD amounts range from less than 1% to nearly 300%, and rates are expected to rise further at the time of final determinations, said Tim Brightbill, partner at Wiley Rein and principal advisor to The American Alliance for Solar Manufacturing Trade Committee (AASMTC), which submitted the AD/CVD request earlier this year. The DOC’s preliminary ruling in the anti-dumping case (AD) is likely to take place in November.
The provisional subsidy percentages are as follows:
Cambodia
| Solarspace New Energy | 8.25% |
| Jintek | 68.45% |
| Everyone else | 8.25% |
Malaysia
| Hanwha Q CELLS | 14.72% |
| JinkoSolar | 3.47% |
| Baojia New Energy, Pax Union and SunMax Energy | 123.94% |
| Everyone else | 9.13% |
Thailand
| Trina Solar | 0.14% |
| Taihua New Energy and Sunshine Electrical Energy | 34.52% |
| Everyone else | 23.06% |
Vietnam
| Boviet Solar | 0.81% |
| YES solar energy | 2.85% |
| GEP New Energy, HT Solar, Shengtian New Energy Vina, Vietnam Green Energy Commercial Services Co. |
292.61% |
| Everyone else | 2.85% |
Now that these preliminary numbers have been released, U.S. Customs and Border Protection (CBP) will begin collecting cash deposits at the border. If the rates increase during the final determinations, the CBP will expand collection to the higher rate. Commerce plans to release its final CVD determinations on or about February 10, 2025.
The trade noted that imports of solar cells, whether assembled or not assembled into solar panels, from the four countries have increased due to unfair foreign subsidies, justifying the need for CVD action.
| Country | 2021 | 2022 | 2023 |
| Cambodia import volume | 799.2 MW | 2,368.5 MW | 6,722.3 MW |
| Malaysia import volume | 6,189.0 MW | 3,296.6 MW | 6,755.5 MW |
| Thailand import volume | 4,299.2 MW | 4,624.7 MW | 10,604.9 MW |
| Import volume of Vietnam | 5,335.9 MW | 8,455.4 MW | 12,301.52 MW |
In August, a critical circumstances allegation was filed with Commerce regarding the surge in solar imports from Thailand and Vietnam. The trade is investigating the critical circumstance, a confirmation of which could impose retroactive duties on imports from the two countries. A discovery in that area is expected soon.
Also in August, petitioner AASMTC again filed a new allegation of subsidy regarding Chinese manufacturers allegedly establishing silicon wafer operations in the four countries and polysilicon operations only in Cambodia. The trade started that investigation on September 20.
