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1 1 (May 3, 2023)

handle is hein.crs/govelmn0001 and id is 1 raw text is: Congressional ____ ~ Research Service Circumvention Inquiry into Solar Imports Updated May 3, 2023 On April 1, 2022, the Commerce Department initiated an inquiry into whether Chinese-manufactured crystalline silicon photovoltaic (CSPV) cells and panels are circumventing U.S. antidumping and countervailing duty orders. Commerce initiated the inquiry in response to U.S.-based Auxin Solar's petition 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. 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% to 25% on goods produced by specific Chinese firms and 250% on imports from all other Chinese firms. The countervailing duty (CVD) order, which counteracts 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

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