U.S. Photovoltaic "Double Reverse" final ruling

U.S. Photovoltaic "Double Reverse" final ruling

The rapid growth of domestic and emerging market demand has weakened the impact of the US's second sanctions, but China's photovoltaic industry must remove the root causes of repeated sanctions such as overcapacity and severe homogenization.

On December 16, US time, the U.S. Department of Commerce announced the final results of the second round of "double reverse" for China PV. According to the announcement, the anti-dumping duties of 26.71% and 78.42% of Changzhou Tianhe Hehui Solar/Jingke Energy were separately levied, and 52.13% and 165.04% of anti-dumping taxes were levied on other responding companies and non-responding enterprises, respectively; Changzhou Tianhe and Wuxi Suntech 49.79% and 27.64% of the countervailing duty, levied 38.72% of other companies countervailing duties.

A number of industry insiders estimate that the ruling will have an impact on China's photovoltaic product output of nearly 3 billion U.S. dollars. However, a person from the Mechatronics Chamber of Commerce believes that the data affecting the export volume of 3 billion U.S. dollars may be higher, and the final penalty rate must be determined in January next year.

The scope of the "double anti-" investigation in this round has been further expanded. According to the final decision of China's "double reverse" (first round) of photovoltaics issued by China in October 2012, the origin of photovoltaic modules is determined by the origin of the batteries used. In order to avoid high tariffs, Chinese companies have begun to import photovoltaic cells from the Taiwan region, which is not in the collection scope, and have assembled them in the country and sold them to the United States.

In response to the circumvention of Chinese companies, this survey will expand the product range from "crystalline silicon photovoltaic cells" to "crystalline silicon photovoltaic products" including batteries, modules, and laminates, and will also include battery products manufactured in Taiwan. The scope of the investigation. In June and July of this year, the U.S. Department of Commerce announced that it has initially determined that there are subsidies and dumping of crystalline silicon photovoltaic products imported from and exported to mainland China and Taiwan, and proposed to impose a countervailing duty of 26.89%-35.21% on China's imported solar panels. The dumping margin of products from mainland China was 26.33%-165.04%, and the dumping margin of Chinese Taiwan products was 27.59%-44.18%. However, the final ruling reduced the dumping margin of photovoltaic products in Taiwan to 11.45%-27.55%.

The final results did not exceed industry expectations. John Smirnow, vice president of the United States Solar Energy Industry Association (SEIA), once told the media that if China and the United States reach a settlement on the "double reverse" approach through the "price pledge", the best time to announce is the APEC summit. However, the fact that the "double reaction" failed to become an intersessional issue also made the industry no longer optimistic about the final verdict.

In the face of the new round of sanctions in the United States, Chinese PV companies responded calmly. In fact, domestic photovoltaic companies have already begun to adjust and take measures such as exploring new markets, building overseas plants, and investing in downstream power stations to reduce losses. Industry analysts told Caixin reporter that the rapid growth of domestic and emerging market demand has weakened the impact of the US's second sanctions on Chinese PV companies, and the share of traditional export destinations of Chinese PV products such as the United States and the European Union has dropped significantly. Jin Jing Energy spokesman Qian Jing also told the media that the photovoltaic market in some emerging countries has started rapidly and the demand for photovoltaic products has grown rapidly. Because of the high retail electricity prices in these countries, light level prices are more likely to be realized online, providing photovoltaic companies with more options for exporting overseas.

On the other hand, China lacks bargaining chips in the current round of game negotiations with the United States and cannot reach a similar level of reconciliation between the "price promises" between China and the EU. Even if we work hard to resolve, it will not be possible to restore the already-determined defeat of the “double reverse”.

For the United States, the second "double anti-", China's photovoltaic industry has negotiated bargaining chips. On August 14 this year, the Ministry of Commerce and the General Administration of Customs issued the "Decision on Temporarily Suspending the Acceptance of Import Processing Services for Solar Grade Polysilicon Processing Trade" (hereinafter referred to as "Article 58"), in line with the "import of solar energy for the United States in January." Polysilicon imposes 53.3%-57% anti-dumping tariffs "Trade measures to consolidate the effects of sanctions. The industry generally believes that the “No.58 Document” implemented from September 1st will exert pressure on US polysilicon export giants (REC and Hemlock) to force the government and industry to concede in the second “double reaction” to China PV. Because in the upstream silicon raw materials trade, China is one of the major exporting countries of the United States. ”

However, unexpectedly, within two weeks from Aug. 14 to Aug. 29, before the formal implementation of “No.58 Document”, local grassroots bureaus such as the Bureau of Commerce raided a large number of polysilicon processing trade import applications. A person familiar with the matter disclosed to the Caixin reporter that the amount of surprise approval exceeded 100,000 tons, which exceeded the total amount of imports in any previous years. According to the reports of the Non-ferrous Association Silicon Industry Branch, the total imports of polycrystalline silicon in China in September 2014 was 9,942 tons, an increase of 18.7% from the previous month, of which 1,698 tons were imported from the United States imported 1,887 tons of polysilicon raw materials by processing trade. It accounts for 90% of total imports from the United States. As a result, the “No.58 Document” completely invalidated the restriction on the import of polysilicon from the United States by processing trade. In the third quarter, the US polysilicon giant company also expressed its position that it has not been damaged in China’s “double reverse” of US polysilicon. This could be used as a negotiating bargaining chip in the second "double reverse" and therefore loses its meaning.

China's photovoltaic industry itself has problems such as overcapacity and serious competition in homogeneity, which are the root causes of repeated sanctions. Meng Xianyi, deputy director of the China Renewable Energy Society, once told the media that many countries around the world are interested in developing new energy, including photovoltaics, while China’s photovoltaic industry accounts for two-thirds of the global market at low cost. This triggered foreign trade protectionists to take action. Chinese companies should learn from a series of trade disputes, from the "price card" to the improvement of core competitiveness, and from the roots to avoid allegations of low price dumping.

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