Import Restrictions on Solar Cells Possible After ITC Finds Injury

Sandler, Travis & Rosenberg Trade Report | Friday, September 22, 2017

Import restrictions on all imports of crystalline silicon photovoltaic cells moved a step closer to reality Sept. 22 when the International Trade Commission unanimously determined in a section 201 global safeguard investigation that a surge in imports is threatening serious injury to U.S. producers.

The ITC will next hold a hearing Oct. 3 to determine possible remedies, which could include higher tariffs, quotas or tariff-rate quotas, minimum import prices, or other measures. The ITC’s remedy recommendations are due to President Trump by Nov. 13. Trump will then have up to 60 days to decide what, if any, remedies to impose.

CSPV cells are the principal elements of solar photovoltaic power generation systems and are most commonly used in solar panels. The ITC’s determination covers CSPV cells whether or not partially or fully assembled into other products, including modules, laminates, panels, and building-integrated materials. Also included are photovoltaic cells that contain crystalline silicon in addition to other photovoltaic materials.

Excluded from this determination are (1) CSPV cells, whether or not partially or fully assembled into other products, that are manufactured in the U.S.; (2) thin film photovoltaic products produced from amorphous silicon, cadmium telluride, or copper indium gallium selenide; and (3) CSPV cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated cell.

For more information, please contact Kristen Smith at (202) 730-4965 or David Craven at (312) 279-2844.