US Finalises Anti-Dumping, Countervailing Duties on Solar Cells from India, Indonesia, Laos

The United States has finalised steep anti-dumping and countervailing duty rates on crystalline silicon photovoltaic cells imported from India, Indonesia and Laos, in a move that could significantly raise the cost of these products in the US market.

The US Department of Commerce announced the final affirmative determinations following investigations into whether producers and exporters from the three countries were dumping solar cells in the US market or benefiting from government subsidies.

For Indian exporters and producers, Commerce determined a weighted-average anti-dumping margin of 123.04 percent. The corresponding cash deposit rate, after adjustment for subsidy offsets, is 107.17 percent. The 123.04 percent dumping margin was determined using facts available with adverse inferences.

The companies covered by the Indian anti-dumping determination include Mundra Solar PV Ltd., Mundra Solar Energy Limited, Kowa Company Ltd. and Premier Energies Photovoltaic Pvt. Ltd.. The 123.04 percent margin also applies to all other exporters and producers covered by the determination.

On the countervailing duty side, Commerce determined a 126.09 percent subsidy rate for Mundra Solar Energy Limited and Mundra Solar PV Ltd.. The same rate applies to all other Indian exporters and producers covered by the determination. The subsidy rate was also based on facts available with adverse inferences.

The US market has emerged as an increasingly important destination for Indian solar products. Imports of the investigated solar cells from India jumped from 232.4 million watts in 2022 to 2.05 billion watts in 2023, before reaching 2.30 billion watts in 2024.

In value terms, imports from India increased from USD 83.9 million in 2022 to USD 760.8 million in 2023, and further to USD 792.6 million in 2024, according to US Census Bureau data cited by Commerce.

Indonesia has also been assigned significant duties. Commerce determined a 94.36 percent weighted-average dumping margin for PT Blue Sky Solar Indonesia, PT REC Solar Energy Indonesia and all other exporters and producers. The department said that the rate was based on facts available with adverse inferences.

The final countervailing duty rate for PT Blue Sky Solar Indonesia is 173.70 percent, while PT REC Solar Energy Indonesia and all other exporters and producers face a 73.20 percent subsidy rate.

US imports of the investigated solar cells from Indonesia increased from 499.1 million watts in 2022 to 1.80 billion watts in 2024. Their value rose from USD 177.5 million in 2022 to USD 415.2 million in 2024.

For Laos, Commerce determined a 65.43 perccent weighted-average dumping margin, with a 65.03 percent cash deposit rate after subsidy offsets. The determination covers Solarspace Technology (Laos) Sole Co., Ltd., SolarSpace Technology (Hong Kong) Limited, JA Solar Vietnam Co. Ltd., Trina Solar Energy Development Pte. Ltd. and Trina Solar Science & Technology (Thailand) Company Limited, among others.

The countervailing duty rate for Solarspace Technology (Laos) Sole Co. Ltd. was set at 82.03 percent, while Vietnam Sunergy Joint Stock Company was assigned a substantially higher rate of 153.67 percent. The rate for all other exporters and producers from Laos is 82.03 percent.

Imports from Laos have risen particularly sharply. After recording no imports in 2022, the US imported just 44,629 watts in 2023, before imports surged to 1.91 billion watts in 2024, valued at about USD 335.7 million.

The latest Commerce determinations, however, do not by themselves conclude the entire trade-remedy process. The US International Trade Commission (ITC) is conducting concurrent investigations to determine whether the imports have caused material injury to the US solar industry.

The petitioner in the cases is the Alliance for American Solar Manufacturing and Trade, whose members include Hanwha Q CELLS USA, First Solar and Mission Solar Energy.

The investigations cover crystalline silicon photovoltaic cells, whether or not assembled into modules. The cases involving India are A-533-942 and C-533-943, those involving Indonesia are A-560-846 and C-560-847, and those involving Laos are A-553-003 and C-553-004.

The US Commerce Department said that the import statistics were sourced from the US Census Bureau through S&P Global Trade Atlas and covered the relevant Harmonized Tariff Schedule classifications.

Commerce currently maintains 844 anti-dumping and countervailing duty orders, which it says provide relief to US companies and industries affected by unfair trade practices.