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The US considers a temporary duty exemption for solar panels imported from Vietnam

Recently, Vietnam received an urgent notice from the official information channel of US President Joe Biden about the consideration of a temporary duty exemption for solar batteries imported from Vietnam because currently, this country is in short supply of solar cells and modules to serve solar power production.

Generating electricity from renewable energies such as solar is especially important to the goal of combating climate change in the United States, a leader in the worldwide green environment movement with the goal to achieve net-zero carbon emissions by 2050.

Thereby, to achieve environmental goals, US President Joe Biden has directed relevant departments, namely the US Secretary of Commerce to find a solution to the above problem. The most direct measures are the reduction of duties, exemption from anti-dumping, anti-subsidy, and evasion of anti-dumping and anti-subsidy measures (if any) for cell and module products imported to encourage manufacturers of countries to continue importing needed products into the United States.

The countries in the proposal are the 4 main exporting countries of solar battery components and parts in ASEAN including: Cambodia, Malaysia, Thailand, and Vietnam.

The duration of the temporary emergency duty exemption is 24 months from the date of declaration. This deadline may be changed, shortened, or extended depending on when the emergency situation of solar battery products ends.

Consider temporary duty exemption for solar panels imported from Vietnam

On March 28, early this year, Vietnam and the remaining 3 Southeast Asian countries had received an initiation of the investigation on anti-dumping and anti-subsidy duty evasion by the US Department of Commerce.

Currently, the United States is imposing anti-dumping and anti-subsidy duties on China for products related to solar cell products and modules with anti-dumping duties from 15.85% to 238.95% and anti-subsidy duties from 11.97% to 15.24%.

It should be noted that at present, Vietnam has not officially imposed anti-dumping and anti-subsidy duty and is still in the investigation stage. The United States has yet to make an official conclusion on the case.

Regarding the declaration of US President Joe Biden, the US Department of Commerce will be responsible for cooperating and consulting with the Secretary of Treasury and the Secretary of Homeland Security to implement this temporary exemption declaration.

The President of the United States also emphasized that the investigations conducted by the Department of Commerce would be assured of their independence and integrity and recognized the important role these investigations play in strengthening the economy.

In the event that the US Department of Commerce’s investigation concludes that Vietnam, among other countries, is engaged in the practice of evading trade remedy duties on products of solar cells and modules, the decision to apply the anti-circumvention measure is likely to be deferred until June 6, 2024, or until the state of emergency is lifted.

The US President specifically emphasized that the exemption (if any) is only temporary and that after the emergency is over, trade remedies will still be applied, ensuring the interests of manufacturers and exporters in the United States.

The announcement details can be seen here.

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.

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