WASHINGTON–()–The Coalition for American Solar Manufacturers (CASM) today announced
appeals in recent trade cases to counter illegal Chinese trade
practices. A key appeal, according to CASM, challenges a loophole in the
scope of the U.S. trade remedies that allows Chinese producers to evade
duties and continue to benefit from illegal, export-intensive subsidies
and dump product into the U.S. market.
“Now we are looking to finish the job. American jobs
depend on it.”
Appeals filed today with the U.S. Court of International Trade in New
York challenge the Department of Commerce’s formulation of the cases’
scope to cover all solar cells and panels manufactured in China but not
cells manufactured elsewhere and assembled into panels in China, CASM
announced. The SolarWorld-led coalition argues that Chinese producers of
solar panels made from photovoltaic cells produced elsewhere receive the
same illegal Chinese subsidies and illegally dump at the same
artificially low prices as other Chinese manufacturers. From the 2011
outset of its cases, CASM says, SolarWorld’s scope covered both cells
and panels; however, the Department of Commerce curtailed it, the
coalition says.
“With our cases, the U.S. government went a long way in investigating
and attempting to halt the anti-competitive and destructive impacts of
China’s illegal trade practices on America’s domestic solar industry,”
said Gordon Brinser, president of SolarWorld Industries America Inc.,
based in Oregon. “Now we are looking to finish the job. American jobs
depend on it.”
CASM represents a still-growing coalition representing more than 230
U.S. solar installers, integrators and producers employing more than
18,000 American workers. The National Renewable Energy Laboratories,
according to CASM, has concluded that it costs more to produce and ship
solar technology for the U.S. market from China than from the United
States. In the cases, CASM says, Commerce also found that due to the
many illegal categories of illegal subsidies, Chinese producers were
selling exports in the U.S. market at prices below their costs of
production. The bipartisan U.S. International Trade Commission (ITC)
voted 6-0 that China’s trade practices were harming U.S. manufacturing.
More than 25 solar manufacturers of all kinds have dramatically
downsized, filed for bankruptcy or quit the business since 2010, CASM
says.
In late 2012, after Commerce’s year-long investigation found illegal
Chinese subsidization and pricing, the department imposed import duties
ranging from 24 percent up to more than 250 percent on solar imports of
crystalline silicon solar technology made in China. But because
Commerce’s final orders excluded panels assembled in China from cells
produced elsewhere, CASM says, Chinese producers can grow silicon
crystal, slice that crystal into solar wafers, outsource conversion of
those wafers into cells to Taiwan or elsewhere, then bring them back for
assembly into panels for export to the U.S. market without facing any
measure to offset the anti-competitive effects of China’s illegal
subsidies and U.S. pricing.
In addition to the scope issue, SolarWorld’s appeals challenge U.S.
government determinations:
-
Not to investigate Chinese subsidies on aluminum extrusions and rolled
glass, which the Department of Commerce has found in other, similar
cases to be illegally subsidized and dumped in the U.S. market. -
Granting separate, lower duty rates for several large Chinese
companies such as Trina Solar, Hanwha SolarOne, Chint Solar and JA
Solar that should not have qualified for such rates because the
companies failed to provide sufficient evidence that they were not
ultimately owned or controlled by the Chinese government.
SolarWorld co-founded a coalition in Europe that is similar to CASM but
called EU ProSun. The European coalition expects the European Commission
this spring to announce preliminary findings on its trade allegations
about Chinese solar imports, CASM says.
The Coalition for American Solar Manufacturing, founded by seven
companies that manufacture solar cells and panels in the United States,
has more than 230 employers with over 18,000 workers who have registered
their support for CASM’s case. The founding manufacturers have plants in
nearly every region in the United States, including the Northwest and
California, the Southwest, Midwest, Northeast and South and support
several thousand U.S. manufacturing jobs. For details about CASM, go to www.americansolarmanufacturing.org;
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