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					</table><p>The Directorate General of Trade Remedies (<a href="https://www.dgtr.gov.in/en" target="_blank" rel="noopener">DGTR</a>) has initiated an investigation into the alleged dumping of solar encapsulants exported and originating from South Korea, Thailand, and Vietnam.</p>
<p>The investigation is in response to a complaint filed by RenewSys India, which alleges that the encapsulants dumped into India from the three countries are identical to those produced by the domestic industry.</p>
<p>The investigation will assess the consequent material injury to the domestic industry to determine the existence, degree, and effect of alleged dumping and to recommend the amount of dumping duty, which, if levied, would be adequate to remove the injury to the Indian industry.</p>
<p>The period of investigation is April 1, 2024, to March 31, 2025. The injury investigation will cover financial years 2022, 2023, and 2024.</p>
<p>DGTR stated that there is sufficient prima facie evidence that the product under consideration from the subject countries is being dumped in the domestic market. “The normal value and the export price have been compared at the ex-factory level, which prima facie establishes that the dumping margin is above the <em>de minimis</em> level and is significant with respect to the product under consideration from the subject countries.”</p>
<p>It said the applicant has claimed that the imports are undercutting the prices of the domestic industry. This has adversely impacted the industry’s profitability and capacity utilization.</p>
<p>The complainant has claimed that there are no differences in the technical specifications, functions, or end-uses of the dumped imports and the domestically produced goods. It stated that polyolefin encapsulants, EVA-POE-EVA encapsulants, and ethyl vinyl acetate are being dumped into India.</p>
<p>These products are polymer-based components used in the manufacturing of solar photovoltaic modules. They are used for encapsulating solar cells and perform both adhesion and cushioning functions. These are one of the most essential components that keep the glass, cell, and backsheet integrated and support the module mechanically during its service life.</p>
<p>DGTR stated that it has considered the normal value of the goods, taking into account the cost of production based in India, along with a reasonable profit margin for all the subject countries. The export price of the subject goods has been determined by considering their cost, insurance, and freight price.</p>
<p>Last September, Indian solar ancillary component manufacturers had <a href="https://www.mercomindia.com/manufacturers-seek-almm-mandate-for-solar-components" target="_blank" rel="noopener">urged</a> the Ministry of New and Renewable Energy to mandate the use of domestically manufactured solar components, including encapsulants, in government projects to create a robust local supply chain and reduce the reliance on imports.</p>
<p>In February this year, the Ministry of Commerce <a href="https://www.mercomindia.com/india-slaps-anti-dumping-duties-on-solar-glass-imports-from-china-and-vietnam" target="_blank" rel="noopener">finalized</a> antidumping duties on imports of textured tempered solar glass from China and Vietnam.</p>


India Opens Antidumping Investigation into Solar Encapsulant Imports


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					</table><p>Solar component imports into Europe could become more expensive if a proposal to extend the Carbon Border Adjustment Mechanism (CBAM) to solar modules, trackers, and mounting structures is accepted by the <a href="https://commission.europa.eu/index_en" target="_blank" rel="noopener">European Commission</a>.</p>
<p>The European Solar Manufacturing Council (ESMC) has recommended to the Commission that solar products be brought under the CBAM’s ambit, as they rely heavily on carbon-intensive materials such as aluminium and steel, which are already covered by the adjustment mechanism.</p>
<p>“However, finished solar equipment imported into the European Union (EU) currently avoids the carbon costs faced by European manufacturers. This loophole gives non-EU manufacturers, particularly in China, an unfair advantage and undermines CBAM’s core objective of preventing carbon leakage,” ESMC has said.</p>
<p>The production of solar modules, mounting structures, and trackers involves the use of carbon-intensive materials, including aluminum, steel, and glass. ESMC said that in a standard 22 kg module, 14 kg is glass, 3 kg is aluminum, and the remainder consists of other components. A typical ground-mounted solar structure is almost entirely made of steel and aluminum, as is the case for trackers. These products are heavily reliant on CBAM-covered materials, but due to their downstream nature, they are not currently included under it.</p>
<p>ESMC pointed out that European solar manufacturers importing steel and aluminum for domestic production will be required to purchase CBAM certificates. In contrast, Chinese manufacturers are exempt from these costs when they export finished solar products to the EU, despite their products containing large quantities of steel and aluminium. “As a result, a Chinese-made module entering Europe receives a free pass on its embedded carbon, giving it a cost advantage over EU-made solar modules,” ESMC said.</p>
<p>Extending CBAM to downstream solar photovoltaic goods would make Chinese solar modules, trackers, and systems more expensive and give European manufacturers a long-awaited competitive advantage, ESMC said.</p>
<p>If the European Commission approves the proposal, Indian solar exporters could also have to pay a price. Historically, the U.S. has been the prime destination for Indian solar exports. However, the 50% trade tariffs and the recent <a href="https://www.mercomindia.com/usitc-votes-to-go-ahead-with-probe-into-solar-imports-from-india" target="_blank" rel="noopener">threat</a> of antidumping and countervailing duties could dent the competitive advantage of Indian solar modules. Indian manufacturers would have to look at other markets, such as Europe.</p>
<p>The European Commission is expected to respond to ESMC’s proposal later this year.</p>
<p>From January 1, 2026, when CBAM comes into force, importers must purchase CBAM certificates that reflect the embedded emissions of covered products. The purpose is to prevent carbon leakage by imposing the same carbon price as in the European Union Emissions Trading System.</p>
<p>As of now, cement, electricity, fertilizers, iron and steel, aluminum, and hydrogen are covered under CBAM.</p>
<p>The transitional phase of CBAM will <a href="https://www.mercomindia.com/eu-adopts-rules-governing-carbon-tariff-measure" target="_blank" rel="noopener">run</a> until the end of 2025.</p>


Europe’s Solar Industry Wants CBAM Extended to Module and Tracker Imports


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					</table><p>The <a href="https://www.commerce.gov/" target="_blank" rel="noopener">U.S. Department of Commerce</a> has found that certain Chinese solar manufacturers have been evading antidumping duty (AD) and countervailing duty (CVD) regulations by assembling solar cells and modules within Southeast Asia. These products are subsequently shipped to the United States.</p>
<p>In its final findings, the investigation revealed that some solar cells and modules exported from Cambodia, Thailand, Malaysia, and Vietnam incorporated wafers that originated in China, contravening U.S. tariffs.</p>
<p>The inquiry identified several companies involved in the circumvention of tariffs. Among them are BYD Hong Kong (Cambodia), New East Solar (Cambodia), Canadian Solar (Thailand), Trina Solar (Vietnam), and Vina Solar (Vietnam).</p>
<p>BYD Hong Kong, Canadian Solar, Trina Solar, and Vina Solar had previously been <a href="https://www.mercomindia.com/us-finds-chinese-module-manufacturers-evading-tariffs" target="_blank" rel="noopener">found</a> to be circumventing tariffs in December last year.</p>
<p>The final decisions will not immediately impact trade at the border. According to the Presidential Proclamation issued on June 6, 2022, solar module and cell imports from the countries above will not be <a href="https://mercomindia.com/president-biden-waives-duties-solar-module-imports/" target="_blank" rel="noopener">subject</a> to duties until June 2024, provided that these imports are utilized in the U.S. market within six months following the termination of the proclamation.</p>
<p>This allows U.S. solar importers ample time to adjust their supply chains and ensure their sourcing practices align with U.S. trade regulations.</p>
<p>The Department has clarified that these findings do not ban imports from these South East Asian countries. Companies will have the opportunity to affirm through certification that they are adhering to duties and not circumventing them; this would exempt them from the circumvention rulings.</p>
<p>The Department establishes that a company is deemed to have evaded tariffs when it utilizes Chinese wafers and at least two of the following materials: silver paste, aluminum frames, glass, backsheets, ethylene vinyl acetate sheets, and junction boxes.</p>
<p>In cases where a company does not possess an existing tariff rate, it will be subject to an AD rate of 238.95% and a CVD rate of 15.24%. If a company previously held a tariff rate from a preceding order, that specific rate will be applicable. However, in instances where the company does not possess a tariff rate, it will adopt the tariff rate of the company from which it sources Chinese materials.</p>
<p>If these scenarios do not apply, the company will be subjected to an antidumping duty rate of 238.95% and a countervailing duty rate of 15.24%.</p>
<p>As the Commerce Department initially determined that circumvention was taking place across all four Southeast Asian countries, the agency is issuing a comprehensive country-wide designation for circumvention. This designation implies that these countries are identified collectively as channels through which solar cells and modules are evading duties on their route from China.</p>
<p>Under U.S. law, the Commerce Department can initiate circumvention inquiries where evidence indicates that goods subjected to existing AD or CVD orders are either completed or assembled in third countries using components imported from the country subject to the order. The imposition of tariff orders is intended to provide relief to domestic industries within the United States when confronted with inequitable competition.</p>


US Concludes Circumvention Inquiries on Solar Products from China

<p>The U.S. International Trade Commission (ITC) has announced antidumping tariff recommendations in the 30-35 percent range, much lower than what Suniva and SolarWorld were looking for.</p>
<p>The full set of recommendations is expected to be submitted to President Trump who has until January 2018 to agree or disagree with the recommendations made by the ITC.</p>
<p>The petitioners and the developer community were engaged in a bitter PR fight to make their respective cases. In the end, it looks like the trade commissioners gave something to both sides without jeopardizing the long-term growth of the U.S. solar sector.</p>
<p>A 30-35 percent tariff would mean approximately $0.10/W rise in module costs, which would take module prices to about the same level they were this time last year. Except for the petitioners and local manufacturers, most of the industry seems pleased with the outcome.</p>
<p>The four commissioners differed in their recommendations &#8211;</p>
<ul>
<li>Commissioners Williamson and Johanson recommended 30 percent tariff for modules phased down by 5 percentage points per year in each of the subsequent 4 years. For cells, they recommended 1 GW tariff-free quota, which would increase by 0.2 GW each year and a 30 percent tariff over the 1 GW quota declining by 5 percent over subsequent 4 years.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Commissioner Broadbent recommended a quantitative restriction of 8.9 GW on imports of cells and modules for a four-year period increasing by 1.4 gigawatts each subsequent year. The commissioner also recommended auctioning import licenses for 1 cent per watt to generate at least $89 million in revenue in the first year and increase by at least $14 million each year after.</li>
</ul>
<p>&nbsp;</p>
<ul>
<li>Commissioner Schmidtlein recommended a 0.5 GW tariff-rate quota and a 10 percent tariff, which would increase to 30 percent after breaching the 0.5 GW quota for solar cell imports. For modules she recommended a 35 percent duty declining over four subsequent years.</li>
</ul>
<p>&nbsp;</p>
<p>The release of the recommendations ends months of uncertainty that surrounded the sector affecting solar markets around the world. The case had resulted in an increase in module prices globally and a shortage of modules as U.S. developers had been stockpiling Chinese modules at premium rates fearing the worst outcome.</p>
<p>India <a href="https://mercomindia.com/indias-anti-dumping-investigation-solar-imports-china-taiwan-malaysia-underway/" target="_blank" rel="noopener">initiated</a> its own anti-dumping case against cell and module imports from China, Taiwan, and Malaysia in July this year.</p>
<p>The U.S. ITC recommendations give <a href="https://mercomindia.com/lessons-india-suniva-solar-anti-dumping-hearing/" target="_blank" rel="noopener">India’s</a> office of the Directorate General of Anti-dumping &amp; Allied Duties (DGAD) a precedent to follow.</p>
<p>According to Mercom India sources, a tariff imposition in the range of $0.10 &#8211; $0.18 is being tossed around and with the U.S. ITC recommendations out, we expect DGAD to follow with its own antidumping tariff recommendations in November.</p>


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