Although final determinations in the antidumping/countervailing duties (AD/CVD) investigation related to silicon solar cells and panels from Southeast Asia are not expected until later this spring, the U.S. Dept. of Commerce has tinkered with its suggested tariff amounts that were first unveiled in its preliminary decisions last year.
Commerce was required by law to issue its initial preliminary determinations for the CVD investigation in October and the AD investigation in November. In some cases, Commerce had little available data with which to make its determinations; in others, The American Alliance for Solar Manufacturing Trade Committee found calculation errors.
“After the initial AD and CVD findings were released, we predicted the tariff rates would rise as more data became available,” said Tim Brightbill, Partner at Wiley Rein LLP and lead attorney for the Alliance, which first petitioned for the AD/CVD investigation in April 2024. “This prediction proved accurate — over the past three months, tariffs have increased across Cambodia, Thailand, and Vietnam from as little as 13% to as much as an incredible 661%. These increases resulted from calculation corrections, new subsidy claims, penalties for non-compliance, and additional evidence. We expect these strong results to continue when the final decisions are announced in April.”
The Alliance, whose members include U.S. manufacturers First Solar, Mission Solar and Qcells, claimed that solar cells and panels from Cambodia, Malaysia, Thailand and Vietnam are being dumped into the U.S. market and supported by unfair subsidies.
The current, correct preliminary tariff determinations are now below:
Cambodia
| Companies | Original preliminary AD rate | New AD rate | Original preliminary CVD rate | New CVD rate | Total tariff amount |
| Solarspace New Energy | 125.37% | 117.12% | 8.25% | 137.07% | 254.19% |
| Hounen Solar | 125.37% | 117.12% | 8.25% | 729.86% | 846.98% |
| Jinktek Photovoltaic | 125.37% | 117.12% | 68.45% | 729.86% | 846.98% |
| ISC Cambodia | 125.37% | 117.12% | 68.45% | 729.86% | 846.98% |
| Solar Long PV Tech | 125.37% | 117.12% | 8.25% | 729.86% | 846.98% |
| All others | 125.37% | 117.12% | 8.25% | 137.07% | 254.19% |
Malaysia
| Companies | Original preliminary AD rate | New AD rate | Original preliminary CVD rate | New CVD rate | Total tariff amount |
| Hanwha Q CELLS | 0% | No change | 14.72% | No change | 14.72% |
| JinkoSolar | 9.9% | No change | 9.92% | No change | 19.82% |
| Baojia New Energy | 81.24% | No change | 124.78% | No change | 206.02% |
| CRC, Lynter, Mega PP | 81.24% | No change | 12.32% | No change | 93.56% |
| Pax Union, SunMax Energy | 9.9% | No change | 124.78% | No change | 134.68% |
| All others | 9.9% | No change | 12.32% | No change | 22.22% |
Thailand
| Companies | Original preliminary AD rate | New AD rate | Original preliminary CVD rate | New CVD rate | Total tariff amount |
| Trina Solar | 77.85% | No change | 0.14% (de minimis) | 13.59% | 91.44% |
| Sunshine Electrical, Taihua New Energy | 154.68% | No change | 34.52% | 73.79% | 228.47% |
| All others | 77.85% | No change | 23.06% | 13.59% | 71.25% |
Vietnam
| Companies | Original preliminary AD rate | New AD rate | Original preliminary CVD rate | New CVD rate | Total tariff amount |
| JA Solar | 53.3% | No change | 2.85% | No change | 56.15% |
| JinkoSolar | 56.51% | 71.85% | 2.85% | No change | 74.70% |
| Blue Moon Vina, Elite Solar, Letsolar, Mecen Solar Vina, Nexuns, Trina Solar, Vietnergy, Vietnam Sunergy (VSUN) | 54.46% | 60.02% | 2.85% | No change | 62.87% |
| Boviet Solar | 54.46% | 60.02% | 0.81% (de minimis) | No change | 60.02% |
| GEP New Energy, HT Solar, Shengtian New Energy Vina, Vietnam Green Energy Commercial Services Co. | 54.46% | 271.28% | 292.61% | No change | 563.89% |
| All others | 271.28% | No change | 2.85% | No change | 274.13% |
Solar Power World reviewed silicon cell and panel import numbers from 2024, and found that imports from the four countries under investigation are still high.
