Tiếng Việt
中文 (中国)
日本語
Recently, the United States has issued an official notice regarding the acceptance of applications for anti-dumping and countervailing duty investigations on imported solar energy panels from Vietnam, Thailand, Malaysia, and Cambodia.
Case information
- The products subject to investigation include certain solar energy panels under HS codes 8501.61.0000, 8507.20.80, 8541.42.0010, and 8541.43.0010.
- Case numbers: A-552-841 and C-552-842.
- Petitioner: Solar Energy Manufacturers Coalition of the United States.
- Date of filing: April 24, 2024.
- Exporting companies accused of dumping and receiving subsidies: Approximately 60 companies from Vietnam.
- Proposed investigation period for dumping/countervailing duty: 2023.
- Proposed injury investigation period: 3 years (2021-2023).
- Export value: In 2023, according to US customs data, the import value from Vietnam was $4.2 billion. Therefore, Vietnamese exports of this product accounted for 26% of total solar panel imports into the US (the highest among the accused countries).
Allegations of dumping
- Dumping margin alleged on goods exported from Vietnam: 271.45% (the highest among the 4 accused countries).
- Country and surrogate value: As the US considers Vietnam a non-market economy country, the Department of Commerce (DOC) will use surrogate values from a third country to calculate the dumping margin for Vietnam. In this case, the petitioner suggests using Indonesia as the surrogate country.
Allegations of subsidies
Subsidy programs alleged: The petitioner alleges that Vietnamese solar panel manufacturing/exporting companies received 31 subsidy programs from the government, causing significant harm or threatening significant harm to the domestic manufacturing industry in the US. The alleged subsidy programs fall into various categories.
Next steps in the investigation process
Under US investigation procedures, there are two agencies involved in an anti-dumping and countervailing duty investigation: the DOC investigates dumping and subsidies and is jointly responsible for the investigation results, while the US International Trade Commission (ITC) is responsible for evaluating injury to the domestic manufacturing industry.
Products are subject to dumping/countervailing duty only if both agencies issue affirmative determinations. If only exporting companies are investigated in the dumping case, then in the countervailing duty case, the government is also investigated.
The procedural steps for the investigation are as follows:
Step 1: The investigated country’s government (Vietnam) consults with the DOC regarding the countervailing duty investigation petition.
Step 2: The DOC has 20 days to review the countervailing duty investigation petition and issue a decision to initiate or not initiate the investigation, expected by May 14, 2024. In some special cases, the DOC may extend this period to a total of 40 days.
Step 3: The ITC has 45 days from receiving the petition to issue preliminary injury determinations. If the ITC’s preliminary determination is negative, the case will be terminated (though this possibility is typically low).
Step 4: The DOC has 140 days from initiation to issue preliminary determinations regarding dumping, and 65 days from initiation to issue preliminary determinations regarding subsidies.
Step 5: The DOC has 75 days from issuing preliminary determinations to issue final determinations regarding dumping/subsidies.
Step 6: The ITC has 45 days from the DOC’s final determinations regarding dumping/subsidies to issue final injury determinations.
Step 7: The DOC has 7 days to issue the final CBPG/CTC duty orders (in cases where affirmative determinations on dumping/subsidies and injury are made).
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.
