U.S. module manufacturers seek “critical” retroactive tariffs

Led by First Solar and Hanwha Q Cells, U.S. solar module manufacturers have filed allegations with the Commerce Department, citing “critical circumstances” and suggesting increased module imports due to their previous lawsuit filings.

August 19, 2024 John Fitzgerald Weaver

Image: Qcells

Solar panel manufacturers First Solar, Hanwha Q Cells, Meyer Burger, Mission Solar, REC Silicon, Convalt, and Swift Solar, grouped under the American Alliance for Solar Manufacturing Trade Committee (AASMTC), have filed a new complaint by the Wiley Rein law firm with the U.S. Department of Commerce alleging increased solar panel imports from Vietnam and Thailand as a result of the Alliance’s prior antidumping and countervailing duties (AD/CVD) legal filings.

The AASMTC, citing “critical circumstances,” has filed for retroactive tariffs on all solar panels imported since their filing in April.

The filing states that, due to the April AD/CVD actions, “several China-based companies operating in Thailand and Vietnam appear to have actively accelerated their U.S. solar exports, likely to evade impending duties.” The filing suggests that solar module imports from Vietnam have increased by 17%, while those from Thailand have grown by nearly 40%. In total, the increase relative to the prior months was about 2.6 GW of module capacity.

At the beginning of 2024, the U.S. Energy Information Administration (EIA) and other groups suggested that the U.S. might install 53 GWdc of solar in the upcoming year. If realized, this would represent a 32% increase over the 40 GW of solar deployed in 2023.

Roth MKM, a solar industry analyst, provided insights on the complexities of the situation with an industry lawyer:

The data Wiley is using is not accurate, as it includes product subject to Solar I (i.e., the China case, because of circumvention). So, we have to wait to see what the accurate data says. And, even if DOC ultimately goes affirmative, the ITC also has to reach an affirmative finding, and the ITC rarely finds critical circumstances. So, this will cause (is already causing) havoc in the industry, but will likely turn out to be a flash in the pan.

In 2022, the EIA reported that the threat of AD/CVD tariffs had prompted delays or the cancellation of around 20% of utility-scale solar generation capacity. Solar industry analyst Roth MKM has suggested that solar developers are currently slowing project deployments due to the AD/CVD tariff risks associated with solar module procurement, pushing 2024 installations into 2025.

If the Department of Commerce were to implement the tariffs suggested by the group, it would lead to the United States paying three times the international price for solar panels. ACORE (American Council on Renewable Energy) president and Chief Executive Officer Ray Long said a finding of AD/CVD violation “could unintentionally cede U.S. leadership in the solar industry to other countries.”

Last week, the Biden administration maintained a 14.5% tariff on imported solar cells and increased the volume of cells allowed from 5 GW to 12.5 GW to keep up with growth in solar module manufacturing facilities.

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