On 24 April 2024, the United States (“US”) Department of Commerce and the US International Trade Commission initiated anti-dumping and countervailing investigations on crystalline silicon photovoltaic cells, whether or not assembled into modules, under subheadings 8501.61.0000, 8507.20.80, 8541.42.0010, and 8541.43.0010 of the US Harmonized Tariff Schedule (“subject merchandise”) imported from Cambodia, Malaysia, Thailand and the Socialist Republic of Vietnam. The anti-dumping and countervailing protection measures were filed on behalf of American Alliance for Solar Manufacturing Trade Committee (“Petitioner”).
 
The Petitioner alleges that the subject merchandise from Cambodia, Malaysia, Thailand and Vietnam which is sold in the US at less than fair value has caused material injury to the US domestic industry. The Petitioner further alleges that official import statistics show that these imports reached “record highs”, with an increase of 125% in quantity and 147% in value from 2021 to 2023, and also consistently maintained extremely significant market share that has depressed and suppressed the domestic market.
 
The estimated dumping margin for imports of the subject merchandise from Malaysia is currently calculated to be 81.24%, while the relative dumping margins for imports of the subject merchandise from Cambodia, Thailand and Vietnam range from 70.35% to 271.45%. The Petitioner further alleges that most of the companies that export the subject merchandise to the US have benefited from countervailable subsidies.
 
Following this, the Petitioner is seeking for the US Department of Commerce to impose anti-dumping and countervailing duties to offset the dumping and subsidies on imports of the subject merchandise from Cambodia, Malaysia, Thailand and Vietnam.
 
Please contact Ms. Lim Koon Huan (Partner), Mr. Manshan Singh (Partner), Ms. Ho Pui Yan (Associate) or Ms Lim Shu Yi (Associate) of our Anti-Dumping and Trade Remedies Practice Group for further information.