The United States has initiated an anti-circumvention investigation into crystalline silicon photovoltaic cells originating from China.

This action, requested by eight domestic companies including First Solar, Inc., was announced on July 13th. The probe will examine whether Chinese solar cells and modules are being shipped to the U.S. via third countries to avoid existing anti-dumping and countervailing duty orders.

Focus of the Investigation

The investigation will specifically scrutinize two potential circumvention pathways. The first involves Chinese components being assembled into photovoltaic cells and modules in Ethiopia before being exported to the United States.

The second pathway under review is the assembly of Chinese components into photovoltaic cells in Ethiopia, followed by export to Vietnam for final module assembly, with the finished products then being shipped to the U.S. from Vietnam.

Product Scope and Tariff Codes

The products under investigation fall under multiple U.S. Harmonized Tariff Schedule codes, including 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 8541.42.0010, and 8541.43.0010.

Background on Trade Measures

This latest action continues a long-standing trade dispute. The U.S. Department of Commerce first initiated anti-dumping and countervailing duty investigations on these Chinese photovoltaic products in November 2011, issuing final determinations in October 2012.

The measures have been subject to periodic reviews. A first sunset review was initiated in November 2017, with affirmative final determinations issued in March 2018.

More recently, a second sunset review was launched in February 2024, with the Department of Commerce issuing final affirmative determinations for both the anti-dumping and countervailing duty fast-track sunset reviews in early June 2024.