Dept. of Commerce to exclude aluminum from antidumping and countervailing duty investigations
Petitioners in the U.S. Department of Commerce’s antidumping duty and countervailing duty (AD/CDV) investigations of aluminum extrusions have taken the position that the scope of the investigations should exclude solar modules that incorporate aluminum extrusion components.
The petitioners recently filed comments regarding the scope of the investigation and which products would be subject to duties if the investigating agencies make affirmative determinations. Merchandise excluded from the scope will not be subject to duties assessed as a result of the aluminum extrusion investigations.
“We are pleased the petitioners are calling to exclude finished solar modules in the aluminum extrusion antidumping and countervailing duties proceedings,” said Abigail Ross Hopper, president and CEO of SEIA. “We’ve long said that tariffs are ineffective. The overly broad scope of these investigations would have been a financial hit to an industry that’s trying to invest in domestic manufacturing, boost installation efforts, and navigate tough economic conditions. We look forward to seeing the Commerce Department confirm the petitioners’ clarification and officially revise the scope of these investigations.”
Dumping occurs when a foreign producer or exporter sells a product in the U.S. at a price that is below “normal value.” That normal value may be the price at which the foreign producer sells the merchandise in its native domestic market or a third-country market, or could be a constructed value based on its production costs plus an amount for profit. Antidumping and countervailing duties are intended to offset the value of dumping and/or subsidization.
The US Department of Commerce published a final rule on Sept. 16 implementing President Joe Biden’s Proclamation 10414, which declared an emergency concerning US electricity generation capacity. The final rule permits the importation of select cells or modules without the payment of antidumping and countervailing duty.
The Factor This! podcast broke down all angles of the Auxin Solar tariff petition in a four-part series, which included an exclusive interview with Auxin Solar CEO Mamun Rashid. Subscribe today wherever you get your podcasts.
Pt. 1: Who is Auxin Solar? An exclusive interview with the CEO behind the bitter solar tariff fight
Pt. 2: Inside the solar industry’s $5 million fight against new tariffs
Pt. 3: Rebuilding domestic solar supply chains will hinge on incentives, not tariffs, experts say
Pt. 4: How the solar industry swayed Biden on import tariffs
Update: Commerce Department issues a preliminary determination in the Auxin Solar case
The US Department of Commerce is currently conducting circumvention inquiries to determine whether imports of crystalline silicon photovoltaic cells, whether assembled into modules or not, are circumventing the antidumping and countervailing duty (AD/CVD) orders on solar cells and modules from China. Those cells are completed in Cambodia, Malaysia, Thailand, or Vietnam using parts and components manufactured in the People’s Republic of China (China) and exported to the United States.
In response, President Biden issued the aforementioned proclamation, which recommended immediate action to ensure access to a sufficient supply of solar cells and modules to assist in meeting the United States’ electricity generation needs. The proclamation also temporarily waives (for 24 months) the collection of AD/CVD for certain cells and modules subject to Commerce’s anticircumvention inquiry.
