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Crystalline Silicon Photovoltaic Cells and Modules from China Injure U.S. Industry, Says USITC

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The United States International Trade Commission (USITC) today determined that a U.S. industry is materially injured by reason of imports of crystalline silicon photovoltaic cells and modules from China that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.

All six Commissioners voted in the affirmative.

As a result of the USITC’s affirmative determinations, Commerce will issue antidumping and countervailing duty orders on imports of these products from China.

The Commerce Department previously made affirmative critical circumstances determinations in its investigations. Therefore, the Commissioners who made affirmative determinations today are required to determine whether imports covered by the Commerce critical circumstances determinations are likely to undermine seriously the remedial effect of the antidumping and countervailing duty orders Commerce will issue.

With respect to critical circumstances, Commissioners Daniel R. Pearson, Shara L. Aranoff, David S. Johanson, and Meredith M. Broadbent voted in the negative. Chairman Irving A. Williamson and Commissioner Dean A. Pinkert voted in the affirmative with respect to critical circumstances.

As a result of the Commission’s negative determinations regarding critical circumstances, the antidumping and countervailing duty orders concerning these imports will not apply retroactively to goods that entered the United States prior to the date of publication in the Federal Register of the Department of Commerce’s affirmative preliminary determinations.

The Commission’s public report Crystalline Silicon Photovoltaic Cells and Modules from China (Investigation Nos. 701-TA-481 and 731-TA-1190 (Final), USITC Publication 4360, November 2012) will contain the views of the Commissioners and information developed during the investigations.

Copies may be obtained after December 14, 2012, by emailing pubrequest@usitc.gov, calling 202-205-2000, or by writing the Office of the Secretary, 500 E Street SW, Washington, DC 20436. Requests may also be made by fax to 202-205-2104.

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