While the preliminary investigation found that the three companies received subsidy rates of between 118.12-125.34%, the final ruling has determined that each of the three companies benefited from a subsidy rate of 117.41%. The DOC noted that US Customs and Border Protection (CBP) would now assess countervailing duties for imports of the listed companies “at the applicable ad valorem assessment rates”, meaning that countervailing duties will align with the subsidy rates identified.
The DOC also named six further companies that are to be subjected to manufacturing subsidy reviews, but have not been identified as “mandatory respondents” as the first three companies were.
These companies—including Anji Dasol Solar Energy Science & Technology, BYD Industrial, Shenzhen Sungold, Toenergy Technology Hangzhou and a plethora of Trina Solar subsidiaries—were not assigned individual subsidy rates, but have instead been assigned a single blanket subsidy rate calculated as an average of the subsidy rates known for each company “based entirely on facts available”. This rate stands at 9.07%, the same rate that was calculated for these companies in last year’s preliminary investigation.
The ruling is the latest in a series of policy decisions affecting imports of solar components to the US, such as the results of an appeal made into the potential collection of duties on solar imports to the US that are valued at “billions of dollars”. Last August, the US Court of International Trade (CIT) ruled that a Biden-era suspension of anti-dumping and countervailing duty (AD/CVD) tariffs, which encouraged many US-based solar developers to import modules from overseas, was unlawful.
Appeals against this ruling were lodged by many in the US solar industry, but if this ruling is upheld, US developers could have to pay billions in AD/CVD duties on components imported during the Biden administration.
In other policy developments, the US International Trade Commission (ITC) has determined that the import of crystalline silicon PV cells to the US from Southeast Asia, whether or not they are integrated into modules, could leave the US solar industry “materially injured”. Yesterday’s ruling on countervailing subsidies follows this precedent of cracking down on cell imports regardless of their integration into modules.
