This will be the second anti-dumping/countervailing duty investigation into the export practices of Southeast Asian solar cell and module manufacturers. In August 2023, the U.S. Department of Commerce expanded the scope of anti-dumping/countervailing duties to Chinese solar manufacturers operating in the above four countries.

The expanded China anti-dumping/countervailing order allows manufacturers that use non-Chinese silicon wafers or at least four solar components produced outside China (silver paste, aluminum frame, glass, backsheet, EVA board, junction box) to be exempted from anti-dumping/ Countervailing Order Limitations.

Chinese companies operating in Southeast Asia can easily adapt their supply chains to remain exempt from tariffs. The new investigation will examine ongoing "unfair trading practices".

When the American Solar Manufacturing Alliance trade committee first filed the petition, First Solar, Mission Solar, Qcells and Convalt Energy were listed as committee members. Convalt has since been removed from the committee, but it remains a member of the alliance along with Meyer Burger, REC Silicon and Swift Solar. The committee is represented by Washington law firm Wiley Rein LLP.

The ITC can accept outside input before deciding to launch another investigation. Only three entities submitted formal comments: developer NextEra Energy, module maker Canadian Solar and LONGi unit Illuminate USA.

NextEra's main concern is that since First Solar produces thin-film modules and Convalt does not yet produce any products, the committee members do not represent the domestic silicon manufacturing industry. This is likely why Convalt was removed from the committee.

Canadians specifically pointed out that Qcells are "mainly foreign manufacturers" and "U.S. importers of subject goods" and cannot represent the domestic industry. Canadian Solar and Illuminate also said Qcells does not produce batteries and must import products regardless of country of origin, making their claims moot.

Although Qcells was founded in South Korea and produced in Malaysia, it is currently the largest silicon solar module producer in the United States, with an annual production capacity of 5.1GW, growing and plans to produce domestic cells. Meanwhile, Canadian Solar and LONGi are two multinational manufacturers with production bases in Southeast Asia, which the American Solar Manufacturing Alliance Trade Commission mentioned in its rebuttal.

The U.S. International Trade Commission heard testimony on the case on May 15. In addition to the American Solar Manufacturing Alliance Trade Council, other participants include BYD, Canadian Solar, Illuminate, Trina Solar and the American Clean Power Association.

Alliance members mostly said that the oversupply situation in the United States was hurting domestic manufacturing, while all other participants said that because there is no domestic battery manufacturing industry in the United States, silicon cells must be imported from Southeast Asia.

Now that the investigation has been launched, the ITC should make a preliminary determination of substantial harm or threat of material harm within 45 days, likely in mid-June, and is expected to make a final determination in the spring of 2025. The Commerce Department will then decide the amount of subsidies and tariffs to impose.trina solar panels