On November 15, the U.S. Department of Commerce rejected a petition from a group of unnamed U.S. solar companies seeking to extend antidumping and countervailing duty orders on Chinese-origin solar products to solar imports from Thailand, Malaysia, and Vietnam, constituting an important victory for Sidley client LONGi Solar Technology US.
The “anti-circumvention” case – one of the largest ever filed in the United States – was brought by a newly formed entity named the American Solar Manufacturers Against Chinese Circumvention (A-SMACC). The Department of Commerce rejected the A-SMACC’s argument that the anonymity of the petitioning companies was necessary to avoid retaliatory trade actions, finding that the anonymity amounted to a violation of due process.
The decision will allow the continued import of the solar components needed to fulfil the U.S. government’s climate goals, which will see solar energy providing up to 40% of the country’s electricity by 2035. Vietnam, Malaysia, and Thailand are among the largest exporters of solar cells and modules, and facilitating solar exports from those countries is a vital part of the broader move towards renewable energy.
The Sidley team included Richard Weiner, Michael Borden, Rajib Pal, Justin Becker, Meredith DeMent, and Lindsey Ricchi, and was supported by project assistants Ally Reilly and Bellami Radosti.