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News Release 20-012
Inv. No(s). TA-201-075 (Monitoring)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today released its report on its monitoring of developments within the industry producing crystalline silicon photovoltaic (CSPV) products since the President’s imposition of a safeguard measure on imports of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products.
The report, Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Monitoring Developments in the Domestic Industry, is available to the public via the USITC website (www.usitc.gov).
The measure took effect on February 7, 2018. The President imposed the measure after receiving a USITC determination (under section 202 of the Trade Act of 1974) that crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, were being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry. The measure was in the form of (a) a tariff-rate quota on imports of CSPV cells not partially or fully assembled into other products and (b) an increase in duties on imports of CSPV modules for a period of four years. See Proclamation 9693 of January 23, 2018.
As required by section 204(a) of the Trade Act of 1974, on July 25, 2019, the Commission instituted a mid-term review to report to the President and the Congress on the results of its monitoring of developments within the industry producing CSVP products since imposition of the safeguard measure.
Crystalline Silicon Photovoltaic Cells, Whether or Not Partially or Fully Assembled into Other Products: Monitoring Developments in the Domestic Industry (Inv. No. TA-201-075 (Monitoring), USITC Publication 5021, February 2020) is available at https://www.usitc.gov/publications/other/pub5021.pdf.
News Release 19-003
Inv. No(s). 701-TA-481 and 731-TA-1190 (Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping and countervailing duty orders on imports of crystalline silicon photovoltaic cells and modules from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
As a result of the Commission’s affirmative determinations, the existing antidumping and countervailing duty orders on imports of this product from China will remain in place.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Meredith M. Broadbent, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative.
Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.
The Commission’s public report Crystalline Silicon Photovoltaic Cells and Modules from China (Inv. Nos. 701-TA-481 and 731-TA-1190 (Review), USITC Publication 4874, March 2019) will contain the views of the Commission and information developed during the reviews.
The report will be available by March 22, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
BACKGROUND
The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.
The Commission’s institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.
The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.
The five-year (sunset) reviews concerning Crystalline Silicon Photovoltaic Cells and Modules from China were instituted on November 1, 2017.
On February 5, 2018, the Commission voted to conduct full reviews. Chairman David S. Johanson and Commissioner Meredith M. Broadbent concluded that both the domestic group response and the respondent group response were adequate and voted for full reviews. Commissioners Irving A. Williamson and Rhonda K. Schmidtlein concluded that the domestic group response was adequate and the respondent group response was inadequate and voted for expedited reviews.
A record of the Commission’s vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.
News Release 17-159
Inv. No(s). TA-201-075
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today announced the remedy recommendations that it will forward to the President in its global safeguard investigation regarding imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products).
Today’s action follows the Commission’s September 22, 2017, determination that crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article. Information about that determination can be found here: https://www.usitc.gov/press_room/news_release/2017/er0922ll832.htm.
The statements of the Commissioners regarding their remedy recommendations are attached. Full details on their recommendations will be included in the report to the President.
The Commission will forward its report, which will contain its injury determination, remedy recommendations, certain additional findings, and the basis for them, to the President by November 13, 2017.
The President, not the Commission, will make the final decision whether to provide relief to the U.S. industry and the type and amount of relief.
The Commission's public report to the President Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled into Other Products), Inv. No. TA-201-075, USITC Publication 4739, November 2017, will be available by December 4, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
STATEMENTS OF THE COMMISSIONERS (click here)
News Release 17-133
Inv. No(s). TA-201-075
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that increased imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article.
The determination was made in the context of an investigation initiated on May 17, 2017, under section 202 of the Trade Act of 1974 (19 U.S.C. § 2252) in response to a petition filed by Suniva, Inc., and supported by SolarWorld Americas, Inc. Information about this investigation and global safeguard investigations in general can be found here: https://www.usitc.gov/sites/default/files/press_room/news_release/201_factsheet_finalasposted.pdf.
The Commission’s determination resulted from a 4-0 vote. Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent made affirmative determinations.
As a result of today’s vote, the Commission will proceed to the remedy phase of the investigation. The Commission will hold a public hearing on remedy on October 3, 2017. The Commission will submit its report containing its injury determination, remedy recommendations, certain additional findings, and the basis for them to the President by November 13, 2017.
When the Commission makes an affirmative injury determination in a global safeguard investigation, it is required to make certain additional findings under the implementing statutes for the North American Free Trade Agreement (NAFTA) (Canada and Mexico), the U.S.-Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) (Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and the Dominican Republic), the U.S.-Australia Free Trade Agreement, the U.S.-Korea Free Trade Agreement, the U.S.-Colombia Trade Promotion Agreement, the Agreement between the United States of America and the Hashemite Kingdom of Jordan on the Establishment of a Free Trade Area, the U.S.-Panama Trade Promotion Agreement, the U.S.-Peru Free Trade Agreement, and the U.S.-Singapore Free Trade Agreement.
With respect to imports from the NAFTA countries, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Mexico account for a substantial share of total imports and contribute importantly to the serious injury caused by imports. Vice Chairman Johanson and Commissioners Williamson and Broadbent made a negative finding with respect to imports from Canada. Chairman Schmidtlein found such imports from Canada account for a substantial share of total imports and contribute importantly to the serious injury caused by imports.
With respect to imports from Korea, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Korea are a substantial cause of serious injury or threat thereof.
With respect to other FTA countries, Chairman Schmidtlein, Vice Chairman Johanson, and Commissioners Williamson and Broadbent found that imports of crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other products) from Australia, CAFTA-DR countries, Colombia, Jordan, Panama, Peru, and Singapore individually are not a substantial cause of serious injury or threat thereof.
These findings will be forwarded to the President as part of the Commission’s report.
The President, not the Commission, will make the final decision concerning whether to provide relief to the U.S. industry and the kind of relief to provide, including with respect to imports from FTA countries.
A public report concerning the investigation will be available after the Commission submits its findings and recommendations to the President.