U.S. Solar Manufacturers File New Trade Petitions to Uphold Trade Laws, Safeguard Domestic Manufacturing Jobs, Investments

Washington, DC — Confronting market manipulation driven by companies in Indonesia, Laos, and India, U.S. solar manufacturers today filed new antidumping and countervailing duty (AD/CVD) petitions with the U.S. International Trade Commission (ITC) and the U.S. Department of Commerce. The petitions were filed by The Alliance for American Solar Manufacturing and Trade, which includes First Solar, Mission Solar Energy, and Qcells, with Talon PV Solar Solutions as a supporter.  

The petitions seek investigations into illegal trade practices by largely Chinese-owned manufacturers operating in Laos and Indonesia, as well as companies headquartered in India, which are harming the U.S. solar manufacturing industry by violating trade laws.  In addition to a range of alleged illegal subsidies, the petitioners identified dumping margins of 89.65% for Indonesia, 245.79 – 249.09% for Laos, and 213.96% for India.  

An AD/CVD petition triggers a quasi-judicial process in which the U.S. Department of Commerce investigates whether imports are unfairly priced (dumped) or subsidized, while the U.S. ITC determines whether those imports have injured the domestic industry. If both find in the affirmative, duties are imposed to offset the unfair trade practices. 

For the first time in decades, America’s solar manufacturing sector is poised for a resurgence. With new cell manufacturing plants returning to the U.S., the industry can expand its domestic solar supply chain and meet growing U.S. demand. These developments in U.S. solar manufacturing come as energy demand from AI and data centers intensifies the urgent need for power that is both affordable and reliable. America’s solar manufacturing sector is critical to meeting this moment and securing U.S. energy dominance.  

But this new wave of imports is harming the strength of American solar manufacturing and its ability to meet energy demand by distorting markets and denying manufacturers in the U.S. access to a level playing field.  

“The last petition filed on behalf of American solar manufacturers successfully enforced the rule of law and addressed illegally dumped and subsidized solar panels surging into the United States from Southeast Asia,” said Timothy C. Brightbill, co-chair of Wiley’s International Trade Practice, and lead attorney for the Alliance. “But the same Chinese-backed companies wasted no time shifting operations to Laos and Indonesia, and companies in India joined in to continue undercutting American producers. We have always said, vigorous enforcement of our trade laws is critical to the success of this industry.” 

In the prior AD/CVD case, U.S. manufacturers successfully petitioned the Commerce Department to enforce trade laws against imports from Cambodia, Thailand, Vietnam, and Malaysia. However, due to the aggressive nature of China’s industrial policies, Chinese-headquartered and other solar manufacturers quickly pivoted, shifting production and exports to other Southeast Asian Belt and Road Initiative (BRI) countries. Meanwhile, imports of crystalline silicon solar panels from the three countries are also surging as manufacturers seek to gain market share in the U.S. by selling at the lowest price points. 

If successful, the cases could result in the imposition of new duties to offset the impact of unfair trade practices and restore fair competition for American solar manufacturers and workers.