Commerce Gets More Time to Weigh Solar Cell Anti-Circ Petition; 2 Senators Urge Acceptance
The Commerce Department gave itself more time to consider whether to begin an anti-circumvention inquiry on solar cells from Malaysia, Thailand and Vietnam, in a March 9 memo. The petition alleges that Chinese solar panel manufacturers have shifted manufacturing to Malaysia, Thailand and Vietnam to circumvent the antidumping duty and countervailing duty orders on solar cells and modules from China (see 2202090060).
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'We have determined that additional time is required to review and assess the novel and complex issues raised by Auxin Solar’s request," Commerce said, giving itself 15 additional days, until March 25.
George Hershman, CEO of solar cell installer SOLV Energy, took issue with the extension. "The decision to extend the review period for this baseless petition will come at a high cost for the solar industry," Hershman said in an emailed statement. "Solar companies are still recovering from the last failed petition, which delayed clean energy projects across the country. ... I urge the Commerce Department to swiftly reject this petition so the industry can get back to deploying clean energy across the country.”
Concurrently, Sens. Rob Portman, R-Ohio, and Sherrod Brown, D-Ohio, urged Commerce Secretary Gina Raimondo to accept the petition, in a March 9 letter. "As we understand it, these operations use raw materials, labor, capital investment, and research and development from China," the letter said. "Moving to a third country to assemble a product with inputs from the country subject to the original AD/CVD order is textbook circumvention. As you know, if legitimate circumvention allegations go unaddressed, entire domestic industries and thousands of American manufacturing jobs are at risk."
An accompanying press release from Portman's office promoted the Ohio senators' Leveling the Playing Field 2.0 bill, which would set up a "new concept of 'successive investigations'" to bolster the trade remedy system for "repeat offenders and serial cheaters."