A-SMACC members ‘evaluating all options’ after AD/CVD petition rejection

The petition alleged Chinese solar manufacturers have circumvented anti-dumping tariffs through subsidiaries in Southeast Asia. Image: Port of California.

US solar manufacturers behind the controversial anti-circumvention petition have said they are “evaluating all options” and could refile petitions in the future.

Following last week’s decision by the US Department of Commerce to throw out a petition alleging circumvention of anti-dumping and countervailing duties (AD/CVD) by Chinese solar manufacturers via Southeast Asia-based subsidiaries, American Solar Manufacturers Against Chinese Circumvention (A-SMACC) have issued a statement saying the group “strongly disagrees” with Commerce’s rationale behind its verdict.

Last week the department dismissed the petition citing A-SMACC members’ ongoing anonymity, suggesting any resulting investigation could be hindered by the broader solar industry not knowing the manufacturers’ identities.

That the petitioners have elected to remain anonymous – citing the risk of retaliation from both the Chinese government and Chinese competitors – has been a point of contention since the petitions were filed in August.

A-SMACC members had until the end of today to decide whether to satisfy a Commerce request to reveal themselves. While it would appear the companies will not do so at this time, A-SMACC members have suggested they may refile a petition “satisfying the Commerce Department’s concerns”.

“Above all, we will not cede monopoly power to China and to Chinese-owned companies on solar products. U.S. solar manufacturing is recovering, and the future is bright, but we should not have to compete with the unfair trade practices of China and Chinese-owned companies. We should ensure that America, which invented solar technology, leads the next generation of solar manufacturing, R&D, and deployment,” the statement reads.

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