FACT SHEET
Commerce Preliminarily Finds Countervailable Subsidization of Imports ofCertain Crystalline Silicon Photovoltaic Products from the People’s Republic of China•

On June 3, 2014, the Department of Commerce (Commerce) announced its affirmative preliminary
determination in the countervailing duty (CVD) investigation of imports of certain crystalline silicon
photovoltaic products from the People’s Republic of China (China).

•The CVD law provides U.S. business and workers with a transparent and internationally approved
mechanism to seek relief from the market distorting effects caused by injurious subsidization ofimports into the United States, establishing an opportunity to compete on a level playing field.

•For the purpose of CVD investigations, countervailable subsidies are financial assistance fromforeign governments that benefit the production of goods from foreign companies and are limited to
specific enterprises or industries, or are contingent either upon export performance or upon the use ofdomestic goods over imported goods.

•Commerce calculated a preliminary subsidy rate of 18.56 percent for mandatory respondent
Changzhou Trina Solar Energy Co., Ltd., which includes Trina Solar (Changzhou) Science &Technology Co., Ltd. Mandatory respondent Wuxi Suntech Power Co., Ltd. and five of its affiliates(see preliminary subsidy rates chart) received a preliminary subsidy rate of 35.21. All otherproducers/exporters in China have been assigned a preliminary subsidy rate of 26.89 percent.

•Because the Government of China failed to respond completely to certain questions, we applied
adverse facts available in determining that certain subsidy programs were countervailable.

•As a result of the preliminary affirmative determination, Commerce will instruct U.S. Customs andBorder Protection to require cash deposits based on these preliminary rates.

•The petitioner for this investigation is SolarWorld Industries America Inc. (OR).

•The merchandise covered by this investigation is crystalline silicon photovoltaic cells, and modules,
laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including building integrated materials. For purposes of thisinvestigation, subject merchandise also includes modules, laminates and/or panels assembled in thesubject country consisting of crystalline silicon photovoltaic cells that are completed or partiallymanufactured within a customs territory other than that subject country, using ingots that are
manufactured in the subject country, wafers that are manufactured in the subject country, or cells
where the manufacturing process begins in the subject country and is completed in a non-subject
country. Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or
greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has
undergone other processing, including, but not limited to, cleaning etching, coating, and/or additionof materials (including, but not limited to, metallization and conductor patterns) to collect andforward the electricity that is generated by the cell. Excluded from the scope of this investigation arethin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe),

or copper indium gallium selenide (CIGS). Also, excluded from the scope of this investigation are
any products covered by the existing antidumping and countervailing duty orders on crystalline
silicon photovoltaic cells, whether or not assembled into modules, from the People’s Republic ofChina. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From thePeople's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, andAntidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the People's Republic of China: Countervailing Duty
Order, 77 FR 73017 (December 7, 2012). Also excluded from the scope of this investigation are
crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently
integrated into a consumer good whose function is other than power generation and that consumes theelectricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cellis permanently integrated into a consumer good, the surface area for purposes of this exclusion shallbe the total combined surface area of all cells that are integrated into the consumer good.
Merchandise covered by these investigations is currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.8030,8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. TheseHTSUS subheadings are provided for convenience and customs purposes; the written description of
the scope of these investigations is dispositive.
•In 2013, imports of certain crystalline silicon photovoltaic products from China were valued at an
estimated $1.5 billion.

NEXT STEPS• Commerce is scheduled to announce its final determination in this investigation on or about
August 18, 2014, unless the statutory deadline is extended.
•If Commerce makes an affirmative final determination, and the U.S. International Trade Commission(ITC) makes an affirmative final determination that imports of certain crystalline silicon photovoltaic
products from China materially injure, or threaten material injury to, the domestic industry,Commerce will issue a CVD order. If either Commerce’s or the ITC’s final determination isnegative, no CVD order will be issued. The ITC is scheduled to make its final injury determination
approximately 45 days after Commerce issues its final determination, if affirmative.

U.S. Department of Commerce | International Trade Administration

PRELIMINARY SUBSIDY RATES:EXPORTER/PRODUCER

SUBSIDYRATES

Changzhou Trina Solar Energy Co., Ltd. or Trina Solar(Changzhou) Science & Technology Co., Ltd.

18.56%

COUNTRY

ChinaWuxi Suntech Power Co., Ltd.,
Zhenjiang Rietech New Energy Science & Technology Co., Ltd.,
Zhenjiang Ren De New Energy Science & Technology Co., Ltd.,
Yangzhou Rietech Renewal Energy Co., Ltd.,
Suntech Energy Engineering Co., andKuttler Automation Systems (Suzhou) Co., Ltd.

35.21%

26.89%China-Wide Rate

CASE CALENDAR:
EVENT

DATE

Petition Filed

December 31, 2013

DOC Initiation Date

January 22, 2014

ITC Preliminary Determination

February 14, 2014

DOC Preliminary Determination

June 2, 2014

DOC Final Determination

August 18, 2014†

ITC Final Determination*

October 3, 2014

Issuance of Order**October 10, 2014

NOTE: Commerce preliminary and final determination deadlines are governed by statute. For CVD investigations, the deadlines are set forth insections 703(b) and 705(a)(1) of the Tariff Act of 1930, as amended. These deadlines may be extended under certain circumstances.
†Where the deadline falls on a weekend/holiday, the appropriate date is the next business day.
*This will take place only in the event of final affirmative determinations from Commerce.
**This will take place only in the event of final affirmative determinations from Commerce and the ITC.

U.S. Department of Commerce | International Trade Administration

IMPORT STATISTICS:
CHINA

2011

2012

2013

Volume (units)

93,471,000

47,029,000

32,939,000

Value (USD)

3,124,578,000

2,082,760,000

1,494,031,000

Source: U.S. Census Bureau, accessed through Global Trade Atlas. (HTSUS 8501.31.8000, 8501.61.0000, 8507.20.8030,8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020 and 8541.40.6030)
Some HTSUS subheadings include basket categories and may cover both subject and non-subject merchandise.

U.S. Department of Commerce | International Trade Administration