US Imposes Tariffs on Solar Imports from Four Asian Countries

US Solar

The U.S. Department of Commerce has imposed new duties on solar products imported from Cambodia, Malaysia, Thailand, and Vietnam. The preliminary ruling, announced on Tuesday, claims that manufacturers in these countries have benefited from subsidies that allow them to undercut U.S. companies, thereby disrupting fair competition. The tariffs target crystalline silicon photovoltaic cells and modules, with rates ranging from less than 1% to nearly 293%, depending on the individual companies and their responses to Commerce’s inquiries.

Tariffs Range Widely, Affecting Industry Dynamics

U.S. Customs and Border Protection will now begin collecting cash deposits from importers to match the preliminary subsidy rates. The baseline rates are set as low as 2.85% for Vietnamese imports and as high as 23.06% for those from Thailand, but individual companies could face much higher tariffs if found to be "non-responsive" to Commerce’s investigation. These duties are retroactive by 90 days, adding pressure to the affected importers.

This action stems from a petition filed by the American Alliance for Solar Manufacturing Trade Committee, a coalition of U.S. solar companies including FirstSolar, Mission Solar Energy, and Hanwha Q Cells. The group alleged that Chinese companies have been circumventing U.S. trade law by setting up production in Southeast Asia, exporting large volumes of subsidized solar products to the U.S. under the guise of local manufacturing. This allowed these companies to avoid duties imposed by previous investigations, leading to what the coalition claims is a distortion of the U.S. market.

In 2022, President Biden temporarily paused new duties from a related investigation to mitigate disruption in the U.S. solar market. However, critics argue that this gave Chinese companies an opportunity to shift their supply chains to Southeast Asia. Tim Brightbill, lead counsel for the coalition, expects the preliminary rates to rise as Commerce gathers more data from affected companies. "We are confident that the duty rates will increase as Commerce continues to investigate newly alleged subsidies," he said.

Industry Divided on the Impact of New Tariffs

The decision has sparked a debate within the U.S. clean energy sector. While manufacturers like FirstSolar support the tariffs as a means to protect domestic industry, other trade groups, such as the Solar Energy Industries Association (SEIA) and the American Council on Renewable Energy (ACORE), warn that the tariffs could hinder the country’s decarbonization efforts. ACORE CEO Ray Long emphasized the need for a balanced approach, stating, "What America's clean energy sector needs right now is a balanced trade policy that sustains the progress we're making deploying clean energy and ramping up domestic manufacturing capabilities."

Commerce is set to release a preliminary antidumping determination on November 27, which could further affect the industry landscape. Petitioners have requested that Commerce issue final determinations on both countervailing and antidumping duties simultaneously, which would potentially arrive by April 11, 2025. Without joint issuance, a separate determination on countervailing duties could come as soon as February 10, 2025.