China Solar Cells: Deadlines for New AD/CV Duty Investigations

The ITA will determine whether imports of solar cells from China are being, or are likely to be, sold in the U.S. at less than fair value, and whether manufacturers, producers, or exporters of solar cells in China receive countervailable subsidies.

Petitioner Alleges “Critical Circumstances”

The petitioner alleges, based on trade statistics since August 2010 and prior knowledge of an impending trade case, that there is a reasonable basis to believe or suspect that critical circumstances exist with regard to imports of solar cells from China. The ITA states that if, at any time, the criteria for a finding of critical circumstances are established, the ITA will issue a critical circumstances finding at the earliest possible date.

Comments on CV Respondent Selection due Nov 23

For the CV duty investigation, the ITA expects to select respondents based on U.S. Customs and Border Protection data for U.S. imports during the period of investigation. The ITA invites comments regarding the CBP data and respondent selection in the CV duty investigation by approximately November 23, 2011 (within 7 calendar days of November 16, 2011).

Comments on Scope of Investigations due Nov 28

Comments on the scope of the AD and CV duty investigations are due by November 28, 2011. (See scope below.)

Comments on Product for AD Questionnaires due Nov 28

The ITA is requesting comments from interested parties regarding the appropriate physical characteristics of solar cells to be reported in response to the AD questionnaires. This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product comparison criteria.

Comments on product characteristics to be reported in response to AD questionnaires must be submitted by November 28, 2011. (Rebuttal comments are due by December 5, 2011.)

AD Q&V Questionnaires due Nov 29

For the AD duty investigation, the ITA will request quantity and value (Q&V) information from the exporters and producers named in the AD petition. The Q&V data received will be used as a basis to select the mandatory respondents.

Parties that do not receive a Q&V questionnaire from the ITA may file a Q&V questionnaire by the application deadline if they wish to be included in the pool of companies from which the ITA will select mandatory respondents.

Q&V questionnaires are available here. Completed questionnaires are due by November 29, 2011.

AD Separate Rate Applications due Jan 17

The ITA also requires exporters and producers seeking separate rate status in the AD duty investigation to submit a separate rate application no later than January 17, 2012. The separate rate application is available here.

The ITA requires that the respondents submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.

The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in the AD investigation.

Targeted Dumping Allegations due 45 Days Before March 27

Any interested party that wishes to make a targeted dumping allegation in the AD investigation may submit allegations no later than 45 days before March 27, 2012 (the scheduled date of the ITA’s preliminary determination).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives 08121525 and 09011535 for summaries of the interim final rule and extension of the comment period.)

Scope of the AD/CV Investigations

The merchandise covered by this investigation are crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials.

This investigation covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.

Subject merchandise may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of subject merchandise are included in the scope of this investigation.

Excluded from the scope of this investigation are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).

Also excluded from the scope of this investigation are crystalline silicon photovoltaic cells, not exceeding 10,000mm² in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.

Merchandise covered by this investigation is currently classified in the Harmonized Tariff System of the United States (HTS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020 and 8541.40.6030.

The ITA notes that although the HTS subheadings are provided for convenience and customs purposes, the written description of the merchandise under the investigation is dispositive.

(See ITT’s Online Archives 11102902 for summary of the International Trade Commission's announcement of its institution of the companion injury investigations and its scheduling of the preliminary phase.)

(FR Pub 11/16/11, ITA Case Nos. A-570-979 and C-570-980)

The AD initiation notice is available here.

The CV initiation notice is available here.

ITA fact sheet available here