CASE reacts to Commerce’s delay on Chinese PV dumping

Last week the U.S. Department of Commerce decided to delay its decision on whether or not Chinese PV manufacturers are dumping silicon-based PV modules in the U.S. market and whether it should impose anti-dumping fines against Chinese PV manufacturers. The case has divided the solar industry in the U.S., with some manufacturers, installers and suppliers wanting such a duty imposed, while others don’t.

The Coalition for Affordable Solar Energy (CASE) is a trade group formed to fight against the trade complaint lodged by the Coalition for American Solar Manufacturing (CASM), which is supported by SolarWorld USA and others.

The delay follows three delays in a conclusion on the other side of the trade dispute, related to countervailing duties CASM wanted to see imposed on Chinese PV imports.

“A lot of companies are concerned because these duties will be retroactive for three months,” said Ed Rothschild, a spokesperson for CASE. “I think people have postponed projects in some cases.”

Since the duties would be retroactive they could change the economics of a project and make it unfeasible, he said.

“We anticipated some of these delays,” Rothschild said. “For example the ruling on the countervailing duties case was delayed until March 19.” Such cases are complex and a lot of research goes into them.

The issue was further muddied following a Congressional challenge to court ruling, which previously found that China was a non-market economy and therefore shouldn’t be affected by such fines.

“Congress is reversing the court decision, so that china would be subject in both countervailing and antidumping fines,” Rothschild said. “Given the overall perception these days on regulations with China on a whole range of things, it was not difficult to get bipartisan support.”

Supposedly one of the reasons that the Commerce Department is delaying its hearing is because of the countervailing duties case.

“The theory was even if the department couldn’t [impose duties] then it would put all on the antidumping side,” said Rothschild.

But he didn’t know if it would really impact the Commerce Department’s decision.