On February 8, the US International Trade Commission (USITC) decided that the existing anti-dumping and countervailing duty orders on imports of crystalline silicon photovoltaic and module products from China will continue to exist.

 

 

 

The US International Trade Commission believes that once the existing anti-dumping and countervailing duty orders are revoked, they will continue to cause significant material damage for a foreseeable time. Committee Chair David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein and Jason E. Kearns affirmed this.

 

The five-year (sunset) review on crystalline silicon photovoltaic cells and modules in China began on November 1, 2017.

 

Today's action falls within the five-year (sunset) review process required by the Uruguay Round Agreement Act. The "Uruguay Round Agreement" bill requires the US Department of Commerce to withdraw anti-dumping, countervailing duty orders after five years, or terminate the suspension agreement. Unless the U.S. Department of Commerce and the U.S. International Trade Commission decide to rescind the order or terminate the suspension agreement that may cause such dumping or subsidy to reoccur for a foreseeable period of time and materially injurious.

 

During the five-year review, the Commission issued a circular asking interested parties to respond to the impact of the cancellation of the review. Generally, the committee will decide within 95 days of receipt from the agency whether the responses it receives reflect the adequacy of interest in a comprehensive review. If the response to the USITC agency notification is adequate, or other circumstances warrant a full review, the committee conducts a full review, including a public hearing and issuance of a questionnaire.

 

The Committee generally does not hold hearings or conduct further investigative activities in an expedited review. The Commissioner determines an injury in an expedited review based on available facts, including previous injury and review decisions by the Commission, agency notification responses received, data collected by staff in connection with the review, and information provided by the Department of Commerce.

 

The U.S. International Trade Commission's public report "Chinese Crystalline Silicon Photovoltaic Cells and Modules" (Inv. Nos. 701-TA-481 and 731-TA-1190 (Review), USITC Publication 4874, March 2019) will contain the Commission's comments and information developed during the review. The report will be published on March 22, 2019.

 

Source: Polaris Photovoltaic Network