About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (December 19, 2022)

handle is hein.crs/govejvh0001 and id is 1 raw text is: S Congressional ____ aResearch Service Circumvention Inquiry into Solar Imports Updated December 19, 2022 On April 1, 2022, the Commerce Department initiated an inquiry into whether Chinese manufacturers of crystalline silicon photovoltaic (CSPV) cells and panels are circumventing U.S. measures intended to counteract unfair trade practices. Commerce initiated the inquiry in response to a petition by Auxin Solar Inc., a U.S. manufacturer, alleging that solar cells and panels imported from Cambodia, Malaysia, Thailand, and Vietnam use Chinese-made parts and components to avoid high U.S. tariffs on solar equipment imported directly from China. The investigation has been controversial, including among Members of Congress. Some stakeholders assert that uncertainty about the tariffs could slow deployment of solar energy in the United States while others insist that action is needed to protect U.S. solar manufacturing. While the Biden Administration recently used emergency authorities in effort to support U.S. solar deployment, a final decision in this circumvention inquiry is expected no later than April 2023. Background In 2012, the Commerce Department and the U.S. International Trade Commission (ITC) determined that imports of solar cells and panels from China were being sold below cost (dumped) or unfairly subsidized and were injuring or threatened to injure the U.S. solar manufacturing industry. Commerce imposed two remedial orders. The antidumping (AD) order imposed duties ranging from 18%-25% on goods produced by specific Chinese firms and 250% on imports from all other Chinese firms. The countervailing duty (CVD) order, which counteract subsidies, imposed duties of 14%-15% on all solar products from China. In its petition, Auxin contended that certain producers in Southeast Asia have manufacturing operations that involve minimal capital investments and technical research and rely on Chinese inputs (e.g., solar glass, aluminum frames, and silver paste) to make CSPV cells and panels that are then exported to the United States. How Commerce Conducts Circumvention Inquiries Circumvention inquiries determine whether a good imported from a country not subject to an AD or CVD order should be included in the scope of an existing order. Any interested party (e.g., relevant domestic and foreign manufacturers, importers, unions, and trade associations) may submit a request for a circumvention inquiry. The Secretary of Commerce may also self-initiate an inquiry. Once the Secretary receives a request, federal law and regulations establish deadlines for further action: Congressional Research Service https://crsreports.congress.gov IN11946 CRS INSIGHT Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most