AD & CVD Rates for Solar Cells of China Imposed on Imports From Vietnam

Jun. 24, 2024
By: Pietro N. Bianchi

In a recent decision, Greentech Energy Solutions, Inc., vs. United States, an importer challenged Commerce’s requirement that importers of solar modules that contain solar cells produced in countries other than China certify that the goods were not manufactured in China. The Court of International Trade ultimately dismissed the importer’s claim for lack of subject matter jurisdiction, holding that the importer could protest the issue with Customs, but I will not bore you with those details.

When on Custom’s request an importer does not or cannot produce certifications that solar modules and solar cells are not from China, Commerce has instructed Customs to impose antidumping and countervailing duties for solar modules and solar cells of China (which exceed 200%). Notably, importers are not required to produce certifications on entry but must maintain the certifications and produce them when Customs asks. This places the burden on importers, such as the plaintiff in Greentech, to be aware of AD and CVD orders from countries other than where their goods are produced. To avoid a lengthy and costly administrative battle with Customs, it would be prudent to review AD and CVD orders describing your products.

If you have questions about antidumping and countervailing duties do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.