Solar Cells.PNG

The U.S. Safeguard Investigations on Solar Cells from China

Importers of solar cells are face an extremely complex array of barriers imposed by the U.S. government. These include decisions to impose both antidumping duties (ADD) and countervailing duties (CVD) on imports from various countries. 

Timeline of Actions

November 27, 2017: ITA: Changed circumstances review of Pitco request for solar cell exclusion re: "Panels with surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. No panel shall contain an internal battery or external computer peripheral ports." 

October 31, 2017
ITC Commissioners have released their duty recommendations on various types of solar cells.  ITC  Safeguard Duty Recommendations. 

Next month, this report will be formally submitted to the President, who holds final authority as to whether or not to formally implement such Safeguard Duties, and to set the rates of such duties.   Washington Post Summary.

September 22, 2017
The U.S. ITC determined that increased imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported "in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article."  Certain Commissioners also found injury as to imports from NAFTA countries and South Korea.  Press Release on ITC Injury Determination.

May 17, 2017
A section 202 Petition was filed by Suniva, Inc. (supported by SolarWorld Americas, Inc.) to invoke a section 201 Safeguard Investigation by the United States International Trade Commission (ITC).  Investigation factsheet.
 

Additional Resources:

 
J&N Logo gold center 2017.jpg

Junker & Nakachi, P.C., is known nationally and internationally as a top law firm in customs and trade law. 

The firm's customs attorneys are located in San Francisco, California, Seattle, Washington, and Los Angeles, California. 

Our practice areas include classification, valuation, admissibility, customs detentions, seizures and penalty proceedings, and customs audits.  We bring litigation, and handle numerous other types of issues arising in international trade. See our services listings.

To schedule an appointment, please contact our offices at (415) 498-0070.