Canadian Solar attempted to exclude its products from Indian anti-dumping probe

The 156-page document produced by the Indian ministry of commerce to support its recommendation anti-dumping (AD) duties be imposed on solar products imported from China, the U.S., Taiwan and Malaysia sheds light on the attempt by Chinese-Canadian company Canadian Solar to have several of its products excluded from the investigation.

The section of the ministry’s final report concerned with objections to the scope of products investigated, reveals an attempt was made to argue four Canadian Solar products – plus another two third-party products for which the company has purchase agreements in place – should not be covered by the investigation.

The respondent tried to argue the New Edge module made by Canadian Solar should be excluded because their ‘high quality and performance’ is not imitated by any panels produced in India and also claimed the innovative four bus bar technology used in the company’s Quartech module should exclude them on the same grounds.

The respondent also said Canadian Solar’s BIPV module was different from anything manufactured in India and the off-grid Andes Home Solar System, made by the same company, fulfilled the same criteria.

The petitioner claimed any modules with an output above 280W – such as Canadian Solar’s CS6X-300P and CS6X-305P, for instance – be excluded along with any panels offering an efficiency above 16.5%.

Finally, the correspondent claimed China Sunergy‘s QSAR II and WARATAH cells should be excluded from the investigation on the same grounds. Canadian Solar has purchase agreements in place with Nanjing, Jiangsu-based cell manufacturer China Sunergy.

The arguments were ignored by ministry of commerce officials who described the modules in question as ‘innovations’ rather than different products and cited previous instances where EU investigations had included variations of products even if not manufactured in the EU.

Ministry officials found Canadian Solar dumped products into India with a 60-70% dumping margin and recommended its products be hit with an AD duty of $0.64/W.