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On April 22, 2025, the U.S. Department of Commerce (DOC) issued the final determination in the anti-dumping and countervailing duty investigations concerning solar energy battery products imported from Vietnam, Cambodia, Malaysia, and Thailand, following nearly a year of investigation.
For Vietnam, the investigated products include certain solar energy batteries falling under HS codes 8541.42.0010, 8541.43.0010, 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, and 8507.20.8091.
According to U.S. Customs data, in 2023, Vietnam’s total export value of solar energy batteries to the United States reached USD 4.2 billion, accounting for approximately 26% of total U.S. imports of these products, the highest among the investigated countries.
The anti-dumping investigation period was determined to be from October 1, 2023, to March 31, 2024, while the countervailing duty investigation period covers the entire year of 2023.
In the final AD determination, DOC imposed anti-dumping duties on Vietnamese companies ranging from 52.54% to 120.38% for the two mandatory respondents. Nine companies receiving a separate rate were assigned a duty of 77.12%, while non-cooperating companies were subjected to a significantly higher duty rate of 271.28% based on adverse facts available. Compared to other countries involved in the investigation, Cambodia faced a duty rate of 117.18%, Malaysia between 0% and 81.24%, and Thailand between 111.45% and 172.68%.
The high duty rates imposed on Vietnam are mainly attributed to the United States’ non-recognition of Vietnam as a market economy and the use of surrogate country pricing methodologies.
In the CVD investigation, the final determination of DOC imposed countervailing duty rates on Vietnamese companies ranging from 68.15% to 230.66% for the two mandatory respondents. Four non-cooperating companies were subjected to a duty rate of 542.64%, while all other companies were assigned a rate of 124.57%.
For comparison, the CVD rates applied to Cambodia ranged from 534.67% to 3,403.96%, Malaysia from 14.64% to 168.80%, and Thailand from 263.74% to 799.55%. The significant increases in final CVD rates compared to the preliminary findings were primarily due to DOC’s use of adverse facts available in determining cross-border subsidy programs.
In the next phase, the U.S. International Trade Commission (ITC) will issue its final determination on whether the U.S. domestic solar energy battery industry has suffered material injury. This decision is expected within 45 days following the DOC’s final determination, approximately by June 2, 2025. If the ITC affirms the injury finding, the imposition of the duties will become official, anticipated around June 9, 2025.
To protect their legitimate interests, manufacturers and exporters should familiarize themselves with the procedure and actively contact Vietnamese law firms specializing in anti-dumping and trade remedy for timely assistance.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Anti-dumping & countervailing. If you need any advice, please contact us for further information or collaboration.
