Yesterday, October 10, the U.S. department of Commerce (Commerce) ruled in favor of the U.S. solar industry by concluding that Chinese photovoltaic manufacturers had sold solar cells at dumping prices in the U.S. and that they had received countervailable subsidies. A final determination by the ITC is expected on November 7.
While SolarWorld, and consortium the Coalition for American Solar Manufacturing (CASM), have applauded the move, they were "disappointed" by the fact Chinese manufacturers can avoid tariffs by using solar cells manufactured in third countries.
In a statement issued after the Commerce announcement yesterday, SolarWorld said, "If the ITC rules in favor of the domestic industry on Nov. 7, SolarWorld is resolved immediately to seek separate, enforcement actions from Commerce to impose duties on panels assembled in China from cells in third countries."
At the end of September, eight U.S. Congress members wrote to Commerce, also urging it to close the loophole. The members, led by Oregon Senator, Ron Wyden, stated that the "absurd" fact Chinas photovoltaic manufactures can avoid tariffs by using third party cells appears to "undermine the intent of the petition", which was filed by CASM last October.