On May 16, 2023, US President Joe Biden issued an official statement, vetoing the US Congressional Resolution to abolish the trade remedy duty exemption for imported solar cell products from Vietnam, Thailand, Cambodia, Malaysia.
Thereby, enterprises producing and exporting solar battery products from 4 Southeast Asian countries to the US will still keep the status of not being subject to preliminary anti-circumvention duty.
This is because in June 2022, for the purpose of green energy, the Administration of US President Joe Biden issued a 2-year anti-circumvention of trade remedy duty exemption order for solar battery products imported from four Southeast Asian countries, citing the Defense Production Act.
Accordingly, by June 2024, it is expected that the temporary duty exemption order will expire and the trade remedy duty will be re-applied.
However, in recent months, the US Congress including the House of Representatives and the Senate has met and voted on the issue of this duty exemption order having a negative impact on the development of the US economy and many other implication. That is why both the House of Representatives and the Senate voted to pass it (the US House of Representatives passed Resolution H.J.Res.39 on April 19, 2023 and the US Senate also voted to pass the above Resolution on May 3, 2023), approved the proposal to abolish the duty exemption, submitted the Resolution to the table of US President Joe Biden for signature for approval.
In a few unofficial announcements, a representative of President Joe Biden has said that he will definitely not sign this resolution. In the President’s view, having a stable source of raw materials is a factor that needs attention at the moment as the development stages, the supply of renewable energy sources will not be able to develop rapidly without input.
Therefore, although it may affect domestic solar energy products manufacturing enterprises in the United States in 2 years, leading to a decrease in production scale, labor reduction, investment, … the duty exemption order must remain in place, at least until June 2024 or until the emergency on solar battery products is relieved.
The US President vetoed the US Congress’s resolution to abolish the trade remedy duty exemption for solar panel products imported from Vietnam
Officially, on May 16, 2023, the President of the United States announced a veto of the proposal of the United States Congress. It is known that this is the third veto of President Joe Biden’s term.
Joe Biden said that his path to developing a stable clean energy source is on a good trajectory, attracting a lot of international investment capital in the field of clean energy, thereby creating many jobs for USA citizens.
In order to achieve the goal of energy security, Net Zero clean energy in the big picture, the duty exemption will remain in place. According to him, the US economy in the field of solar energy, renewable energy will have a strong prosperity after June 2024 when the US has a stable source of raw materials.
After the President vetoes the Resolution, the President will return the Resolution to the House of Representatives, which proposes the Resolution. The process of passing the Resolution will be restarted from the beginning in the two chambers. However, only when the approval rate reaches 2/3 of the votes in both houses, the National Assembly has the right to annul the US President’s veto and the Resolution is officially passed.
However, achieving this ratio would be difficult considering the political structure of the United States. Previously, at the previous two votes, although it was passed with a rate of more than 50%, the House of Representatives only gained about 50.8% of the votes with 221/202 votes for/against (Total 435 deputies), less than 66% (ratio of 2/3 of the votes) while the Senate reached 56% with a vote of 56/41 (total 100 senators).
Details of the Notice can be downloaded here.
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