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On October 1, 2024, the U.S. Department of Commerce (DOC) released its preliminary determination in the countervailing duty (CVD) investigation into solar panels imported from Vietnam, Cambodia, Malaysia, and Thailand.
This investigation, which includes products under HS codes 8501.61.0000, 8507.20.80, 8541.42.0010, and 8541.43.0010, was initiated by the DOC on May 14, 2024, following a petition from the U.S. Solar Energy Manufacturing for Trade Remedies Coalition.
For Vietnam, DOC selected two mandatory respondents: JA Solar Technology Co., Ltd., and Boviet Solar Technology Co., Ltd.
According to the preliminary findings, the temporary CVD rates for Vietnamese exporters are as follows:
- Boviet Solar Technology Co., Ltd.: 0.81% (considered de minimis and treated as 0%).
- JA Solar Technology Co., Ltd. and its affiliates (JA Solar PV Vietnam Co., Ltd., JA Solar NE Vietnam Co., Ltd.): 2.85%.
- Four non-cooperating companies (GEP New Energy Ltd., HT Solar Vietnam Ltd., Shengtian New Energy Vina Co., Ltd., Vietnam Green Energy Commercial Services Co., Ltd.): 292.61% (based on adverse facts available, as these companies failed to respond to the DOC’s Quantity and Value Questionnaire).
- Other companies: 2.85% (the rate assigned to JA Solar).
The DOC also found evidence of a significant surge in imports following the initiation of the investigation. By comparing import volumes from January to April 2024 (pre-filing period) with May to August 2024 (post-filing period), it was determined that imports increased by at least 15%.
As a result, the DOC will impose retroactive duties on imports from the four non-cooperating companies and other exporters (except the two mandatory respondents) up to 90 days prior to the preliminary determination or from the date of the initiation notice.
For Cambodia, Malaysia, and Thailand, the preliminary subsidy rates are as follows:
- Cambodia: 8.25% – 68.45%
- Malaysia: 3.47% – 123.94%
- Thailand: 0.14% – 34.52%
Notably, the preliminary CVD rates for Vietnamese companies are the lowest among the four countries under investigation, which is a favorable outcome for Vietnamese exporters. However, this does not guarantee that the final determination will maintain these rates.
Vietnamese companies must continue to cooperate fully with the investigation to avoid adverse rates in the final determination.
To protect their legitimate interests, related 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.
See the DOC’s preliminary determination notice here.
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