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The Issue: 

Korean crystalline silicon photovoltaic or "CSPV" cells are being imported in record numbers and are not impacted by trade remedies. But these cells are produced using cheap Chinese inputs that undermine the competitive landscape of domestic solar producers.

What the American M.A.D.E. is doing:

A fair-trade action to level the playing field. 

What we've seen:

Hanwha Q Cells' is using China to support its Korean production of CSPV cells. They are doing this by circumventing the antidumping and countervailing duty orders on CSPV cells from China by exporting cells assembled in South Korea from substantial Chinese-origin inputs, including polysilicon wafers, to the United States. Hanwha Q Cells' recent surge of South Korean CSPV cell exports to the United States that were produced using significant Chinese inputs has exposed a massive gap in the enforcement of the China CSPV Orders, undermining the remedial impact of the orders and impeding fair competition among U.S. solar manufacturers.

What it means:

Hanwha Q Cells is opportunistically using trade laws for preferential market access and creating an uneven playing field for U.S. solar manufacturers. Hanwha’s U.S. operations, Hanwha Q Cells USA, fashions itself as a protector of the U.S. solar industry by petitioning for trade relief from unfairly traded CSPV cells and modules from certain southeast Asian countries. But, the Hanwha-led American Alliance for Solar Manufacturing Trade Committee excluded the largest source of CSPV cells in the United States:  Hanwha’s imported CSPV cells assembled in South Korea from substantial Chinese inputs.  Ironically, the “irrational import volumes causing prices to crater and threatening” U.S. investments in solar manufacturing to which Hanwha recently testified is in large part fueled by Hanwha’s own recent surging imports of circumventing CSPV cells.  

The remedy:

Anti-circumvention request that presents reasonably available evidence that meets Commerce’s regulatory requirements for initiation of a circumvention inquiry that is company-specific and is limited to only Hanwha Q CELLS’ imports of cells fabricated in its facility in South Korea from China-origin inputs.

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