Legal

As reported yesterday, the U.S. International Trade Commission (USITC) has unanimously determined that Chinese photovoltaic imports materially injured the U.S. industry, meaning AD and CV duty orders will be issued. It has, however, determined that no critical circumstances were present. Thus, retroactive duties will not be applied.

With the fallout from the ongoing EU anti-dumping investigation into Chinese photovoltaic products continuing with yesterday’s Chinese criticism of FIT subsidies in European member states, the union has muddied the waters further with the latest plans for its Generalized Scheme of Preferences (GSP). Meanwhile, a spokesman has commented on the recently filed anti-dumping polysilicon investigation launched by China.

According to reports, China’s Ministry of Commerce has launched an investigation into European imports of solar grade polysilicon.

According to the International Centre for Trade and Sustainable Development (ICTSD), which was citing a confidential interim WTO dispute settlement report, a panel has agreed that Ontario’s FIT system violates WTO rules.

The U.S. Department of Commerce (Commerce) has concluded that Chinese manufacturers have sold solar cells in the U.S. at dumping margins. Meanwhile, in the CVD investigation, duties will be retroactively applied to all Chinese photovoltaic cell and module imports that entered the United States beginning December 3, 2011.

Media has reported that India is expected to launch an anti-dumping investigation into imports of photovoltaic modules into the country. According to the Indian Ministry of Commerce, the India’s solar manufactures have called for anti-dumping duties as high as 200%. Bridge to India reports on the situation.

Eight U.S. Congress members have written to the U.S. Department of Commerce (DOC), urging it to close a loophole, whereby Chinese photovoltaic manufacturers can export modules containing cells manufactured in countries outside of China, to the U.S.

After the anti-dumping accusations, EU ProSun has now filed a complaint against alleged unfair subsidies given to Chinese solar manufacturers by the Chinese government. Different opinions arise on the impact this will have on module prices and the PV market.

EU ProSun, headed by SolarWorld AG, has filed a second official complaint to the European Commission, this time accusing Chinese photovoltaic manufacturers of receiving illegal subsidies.

U.S. project developer SunEdison has added $40 million to its project finance revolving credit facility, for utility scale and distributed solar projects in the U.S. and Ontario. The new capital is available immediately.