NEW PROOF OF CHINA’S SUN PRICE GAMING

SolarWorld: Import Surge Shows Tariff Evasion By Chinese Solar Producers
Jessica Lillian, 27 January 2012 (Solar Industry)

"SolarWorld and its partners in the Coalition for American Solar Manufacturing (CASM) have unearthed new PV module import data that, according to the coalition, proves that Chinese solar producers flooded the market with product at the end of 2011. The CASM believes this information warrants the application of retroactive duties on Chinese imports.

"SolarWorld filed its initial anti-dumping complaint and countervailing-duty petition last fall, claiming that low-priced crystalline silicon (c-Si) PV cells and modules from Chinese companies have violated international trade laws and harmed U.S.-based solar manufacturing…The International Trade Commission (ITC) made a preliminary determination last December that there is a ‘reasonable indication’ that Chinese manufacturers' practices are detrimental to the domestic solar industry…[The new CASM analysis] found that Chinese c-Si producers have more than doubled their imports into the U.S. since July 2011. This surge, the coalition says, constitutes ‘critical circumstances’ (as defined by the U.S. Department of Commerce) and justifies the implementation of tariffs on imports dating back to Nov. 15…[A decision on that is due] Feb. 15."

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"Suntech…increased its imports into the U.S. by 76% in November, compared to October…[D]ata from the Customs and Border Protection's Port Import Export Reporting Service (PIERS)…[shows] Trina Solar's imports surged 209% in the first half of last December…[O]verall, Chinese imports of solar cells and modules in 2011 increased 346% by quantity and 138% by value, year-over-year. Since 2008, imports from China have risen 939% by value and 1,664% by quantity.

"Whether the end-of-2011 ramp-up in imports is linked to the threat of potential duties, however, remains up for debate…Suntech…[said] the Dec. 31 expiration of the U.S. Department of Treasury's Section 1603 cash-grant program created a strong uptick in demand for the company's products in the U.S. Per the rules of the Section 1603 program, a solar developer needed to at least begin construction on a PV project by the end of 2011 in order to remain eligible for the incentive…Trina Solar similarly denied SolarWorld's claims…Analysts from Jefferies & Co. also attributed the spike in Chinese imports to normal seasonality trends and the end of the Section 1603 program…[President Obama has] indicated support of the complaint…"