US: CASM appeals PV trade case loophole04. February 2013 | Global PV markets, Industry & Suppliers, Markets & Trends | By: Becky Beetz
Appeals have been filed against the U.S. Department of Commerce’s recent ruling that Chinese photovoltaic manufacturers may assemble and ship modules to the U.S. using solar cells produced in countries outside of China without incurring tariffs.
The Coalition for American Solar Manufacturers (CASM) filed appeals with the U.S. Court of International Trade in New York on Friday, February 1, challenging the U.S. Department of Commerce’s (DOC’s) November 2012 ruling that Chinese photovoltaic manufacturers may ship modules to the U.S. without incurring tariffs, if they use solar cells produced outside of China.
CASM has fought for the inclusion of cells produced in third countries since the beginning of its campaign against Chinese manufacturers, launched in October 2011. Last October, it said that if tariffs are not imposed in this instance, it will seek separate action. Eight U.S. congress members also wrote to DOC last September urging it to close the loophole.
In a statement released last Friday, CASM said, "The SolarWorld-led coalition argues that Chinese producers of solar panels made from photovoltaic cells produced elsewhere receive the same illegal Chinese subsidies and illegally dump at the same artificially low prices as other Chinese manufacturers."
CASM has also launched appeals against DOC’s decision to grant lower duty rates for certain manufacturers, including Trina Solar, Hanwha SolarOne and JA Solar; and the fact it will not investigate Chinese subsidies on aluminum extrusions and rolled glass.
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