The U.S. Department of Commerce recently issued a preliminary affirmative ruling in the countervailing duty (CVD) case involving solar cell imports from Southeast Asia, determining that the U.S. solar panel industry is negatively affected by subsidized imports from Cambodia, Malaysia, Thailand, and Vietnam. Following the initial June ruling by the U.S. International Trade Commission (USITC), Commerce released preliminary subsidy rates for companies in each country, with final determinations due around February 10, 2025. U.S. Customs and Border Protection (CBP) will now begin collecting deposits at these preliminary rates, and if final rates increase, CBP will adjust collections accordingly.
Preliminary Subsidy Rates
| Country | Company | Subsidy Rate (%) |
|---|---|---|
| Cambodia | Solarspace New Energy | 8.25 |
| Jintek | 68.45 | |
| All others | 8.25 | |
| Malaysia | Hanwha Q CELLS | 14.72 |
| JinkoSolar | 3.47 | |
| Baojia New Energy, Pax Union, SunMax Energy | 123.94 | |
| All others | 9.13 | |
| Thailand | Trina Solar | 0.14 |
| Taihua New Energy, Sunshine Electrical Energy | 34.52 | |
| All others | 23.06 | |
| Vietnam | Boviet Solar | 0.81 |
| JA Solar | 2.85 | |
| GEP New Energy, HT Solar, Shengtian New Energy Vina, Vietnam Green Energy Commercial Services Co. | 292.61 | |
| All others | 2.85 |
In response, CBP will begin collecting deposits based on these rates. Commerce has also confirmed “critical circumstances,” making certain solar cells from Thailand and Vietnam subject to retroactive duties from the first half of 2024. No suspension of liquidation applies to Boviet Solar and Trina Solar exports due to minimal subsidy rates. However, other imports from these regions may incur retroactive duties.
Solar Cell Import Volumes (MW)
| Country | 2021 | 2022 | 2023 |
|---|---|---|---|
| Cambodia | 799.2 | 2,368.5 | 6,722.3 |
| Malaysia | 6,189.0 | 3,296.6 | 6,755.5 |
| Thailand | 4,299.2 | 4,624.7 | 10,604.9 |
| Vietnam | 5,335.9 | 8,455.4 | 12,301.52 |
The American Alliance for Solar Manufacturing Trade Committee (AASMTC) has also alleged that some Chinese manufacturers are moving silicon wafer production to the four countries and polysilicon operations to Cambodia. Commerce began investigating these allegations on September 20, focusing on subsidies related to key materials in solar panel production.
