Solar Energy: US Dept of Commerce Issues High China Solar Rates

Source:  Dorsey & Whitney, Attorney Articles, May 18, 2012.

The U.S. Department of Commerce announced its preliminary antidumping determination in the Solar Cells from China investigation on May 17.  The Department determined that the antidumping rates are:

·         Wuxi Suntech Power–31.22%,

·         Changzhou Trina Solar Energy–31.14%

·         A Chinese company that applied for its own antidumping rate–31.18%.

·         A number of Chinese companies did not apply for their own rates and were issued 249.49%, which is the China wide rate.

These rates mean that if a U.S. company imports solar cells from China now, it will have to post a bond or cash deposit at these rates.  In addition to the antidumping duty rate, US importers are also responsible for an additional Countervailing cash deposit rate of about 3.6%.  According to many Chinese companies, the 31% antidumping rate is a shut out rate, which means that many U.S. importers simply will not be able to afford to import solar cells.