If the U.S. Worldwide Commerce Fee (ITC) doesn’t rapidly publish its final determination within the antidumping/countervailing obligation (AD/CVD) investigation affecting photo voltaic panels from Southeast Asia, a possible loophole may enable hundreds of thousands of photo voltaic panels to enter the U.S. market untariffed. That is in keeping with the American Alliance for Solar Manufacturing Trade Committee, the profitable petitioners within the AD/CVD case.
The Committee believes giant portions of photo voltaic cells and panels from Cambodia, Malaysia, Thailand and Vietnam are being held in bonded warehouses and in inventories, and will enter the USA with out duties if the ITC doesn’t go on its ultimate willpower to Customs and Border Safety (CBP) by June 2.
In a letter to ITC Secretary Lisa Barton, the Committee says that antidumping measures primarily based on the Dept. of Commerce’s preliminary calculations could be imposed on imported photo voltaic merchandise for not more than 180 days. After 180 days, CBP can acquire antidumping money deposits solely as soon as the ITC’s affirmative ultimate willpower is printed within the Federal Register.
Commerce’s provisional antidumping duties had been imposed on Dec. 4, 2024. They keep in impact by means of June 1 (180 days later). Meaning something coming into the nation on or after June 2 won’t be topic to any duties, preliminary or ultimate. Subsequently, the Committee is requesting the ITC publish its affirmative willpower as quickly as doable and no later than June 2, 2025.
Product has already been coming into the nation with out countervailing duties primarily based on this similar “loophole.” The preliminary CVD measures had been launched in October; subsequently, Southeast Asian photo voltaic imports have been capable of enter the USA since February with out countervailing duties. The Committee mentioned in its letter to the ITC that a minimum of on this occasion, the merchandise had been nonetheless met with the preliminary AD measures.
Whereas imports from Cambodia, Malaysia, Thailand and Vietnam have dropped from early-2024 ranges, there are nonetheless loads of tariffed cells and panels coming into the nation.
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