Commerce Extends Initiation Deadline in Solar Circumvention Inquiries – New Deadline Late Nov

On September 29, 2021, Commerce decided to delay a choice on initiation in the photo voltaic circumvention inquiries. Commerce as a substitute requested the US photo voltaic producers – A-SMACC (the so-called American Solar Producers In opposition to Chinese language Circumvention) – for added info. Particularly, Commerce requested further info associated to why the A-SMACC firms have requested anonymity in the circumvention continuing. Commerce additionally requested info concerning the A-SMACC firms’ ties to enterprise pursuits in China or Southeast Asian nations.

On the request of A-SMACC,  Commerce prolonged the deadline for A-SMACC’s response to the extra questions till October 13. Commerce rules allow different events to file feedback on A-SMACC’s response inside seven days.

Commerce has indicated it’ll make its determination on initiation inside 45 days of A-SMACC submitting its response to Commerce’s questions. Assuming A-SMACC information on October 13, Commerce’s determination on initiation can be due on or by November 27. If Commerce initiates on November 27, the ultimate outcomes of the total investigation can be due on or by September 23, 2022.

Notice that the brand new Commerce initiation deadline is simply previous the date the US Worldwide Commerce Fee is predicted to make its determination on the photo voltaic safeguard/201 extension (November 24, 2021).

Senate letter. On September 29 (across the time Commerce was initially set to problem its initiation determinations) twelve Senators despatched a letter to the Commerce Secretary Raimondo expressing considerations concerning the nameless petitions alleging unlawful commerce exercise filed with the Division that will have “a devastating impact on the US solar industry and American solar jobs.” The Senators urged Commerce to “carefully assess the validity” of the petitions.

Background. On August 16, US photo voltaic producers (the so-called American Solar Producers In opposition to Chinese language Circumvention) requested that Commerce launch a circumvention inquiry on imports of photo voltaic merchandise produced in Chinese language-owned factories in Malaysia, Vietnam and Thailand. If Commerce initiates on November 27, the ultimate outcomes of the total investigation can be due round by September 23, 2022.

A variety of events have filed feedback on A-SMACC’s preliminary anti-circumvention inquiry request. The events have raised factual and authorized points associated as to whether A-SMACC’s inquiry supplies adequate justification for initiation. The events have additionally made financial and coverage arguments concerning the damaging influence if Commerce have been to provoke.

Particularly, the events argue that initiation of the circumvention inquiry would disrupt photo voltaic imports as firms park panels/modules offshore. Additionally they argue that initiation would  undermine the Biden Administration’s push for growth of US photo voltaic set up and capability. As well as, almost 200 firms concerned in the photo voltaic business, together with photo voltaic business teams, have warned that imposition of tariffs on imported panels/modules from Malaysia, Vietnam and Thailand would devastate the business and threaten US jobs.

The circumvention motion is tied to the AD/CVD orders on Chinese language CSPV cells. The petitioners in the circumvention case are arguing that imports of photo voltaic panels/modules produced in Chinese language-owned factories in Malaysia, Vietnam and Thailand, with Chinese language wafers and different Chinese language parts, ought to be topic to present antidumping and countervailing responsibility orders on Chinese language cells/modules.

Commerce (or CBP) might act to make the circumvention findings retroactive, which implies there’s the potential that importers could possibly be on the hook for cost of further duties on earlier imports.

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