The US Department of Commerce has issued preliminary determination imposing U.S. Antidumping and Countervailing Duties on Chinese Solar Cells and Modules imported through Cambodia, among other countries such as Vietnam, Thailand and Malaysia.
The request for these duties were made by Auxin Solar Inc, a 100 percent U.S.-owned, operated, and headquartered CSPV manufacturer in the United States.
Founded in 2008, Auxin Solar has been producing CSPV modules in the United States for over a decade. Its operations include producing own-branded CSPV modules and serving as an OEM for other branded products
The Preliminary Determination specifically found that BYD (H.K.) Co., Ltd. in Cambodia was attempting to circumvent U.S. antidumping and countervailing duties for Chinese solar cells and modules.
On December 8, 2022, the Department of Commerce published a preliminary determination that finds that imports into the U.S. of Chinese crystalline silicon photovoltaic (CSPV) solar cells and modules exported from Vietnam, Malaysia, Thailand and Cambodia (the “Target Countries”) are circumventing existing antidumping duty and countervailing duty orders on solar cells and modules from China (the “Orders”).
Imports from Thailand, Vietnam, Cambodia, and Malaysia currently account for approximately 80% of all solar cell imports into the U.S.
The preliminary determination and accompanying country-specific memoranda (the “Preliminary Determination”) found that BYD (H.K.) Co., Ltd. (BYD Hong Kong) in Cambodia is attempting to circumvent U.S. antidumping and countervailing duties by sending solar cells or modules manufactured in China through Southeast Asia for only minor processing before shipping the materials to the United States.
For solar cells and modules imported from Cambodia, the typical process by which final duties are calculated per HTSUS Codes (a process called “liquidation”) will be subject to suspension and instead antidumping and countervailing cash deposits will be collected based on company-specific rates set forth in the Orders, unless an exemption applies. JDSupra.com
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