US launches safeguard measures for global PV products

On May 23, 2017, the US International Trade Commission issued a notice stating that the domestic photovoltaic company Suniva applied for a survey on safeguard measures for global photovoltaic cells and components ("201" survey). The announcement said that due to the complexity of the case, the damage will be postponed until 30 days to September 22, and the investigation report will be submitted to the President by November 22.

Related reading: A number of PV companies boycotted the US launch 201 investigation
During the SNEC period in April, the innovation light of Chinese PV companies was still faintly flashing in people's memory. The sound of wind and rain in May has come quietly.

Be wary of poorly operated companies spilling dirty water on Chinese competitors
On the morning of May 10th, the news that SolarworldAG declared bankruptcy became an explosive news in the photovoltaic circle, and the flagship of Germany's last solar energy company sank. After the bankruptcy was declared, the company's stock fell to 79 euro cents. According to relevant media reports, the company’s founder of the company’s personality has blamed the bankruptcy of Chinese competitors for bankruptcy, but this is obviously not the whole picture.
Lv Jinbiao, vice president of GCL-Poly, said that with the unremitting efforts of many domestic PV companies, China's PV industry has been in the forefront of the world in terms of technological progress and scale promotion from polysilicon to battery components and photovoltaic power plants. China is not only a big country in photovoltaic products, but also a major producer of polysilicon raw materials; it is not only a major PV manufacturing country, but also a major PV application country. Due to the benign guidance of the policy and the continuous improvement of the industry, China has shaken off the passive history of “two-outside” of photovoltaic development. However, in such a good situation, it is still necessary to be alert to the death of a bankrupt enterprise without being stagnant, dragging Chinese PV companies into a quagmire.
Lu Jinbiao reminded that in addition to the two "anti-dumping and anti-subsidy" investigations filed by Chinese PV companies and heavy taxes, the United States has used the bankruptcy of enterprises to smash the Chinese PV industry, and it has done it a few years ago. According to the author's search for relevant reports, in 2012, Solyndra, who was provided by the US Department of Energy with a loan guarantee of 527 million US dollars, filed an antitrust lawsuit in a regional court in northern California after a month of bankruptcy, claiming that the monopoly behavior of Chinese PV companies caused it. The loss requires a claim of $1.5 billion. In the end, this bankrupt company, which was once called "the sweetheart of policy makers" and "the darling of venture capital" by the New York Times, took it from the hands of Yingli and Trina Solar, which have more shipments to the United States. Got a lot of real money and silver.
After the incident broke out, some media reported that an analyst who did not want to be named said that from a point of view, Solyndra’s anti-monopoly lawsuit did not rule out political forces to be behind the scenes.
In recent years, the global pattern is undergoing profound changes. The anti-globalization wave and trade protectionism are prevalent. Chinese PV companies have been severely audited in overseas markets, and overseas investment has suffered a series of unfair treatment.
In March of this year, at the Boao Forum for Asia 2017 Annual Meeting, Gao Jifan, Chairman and CEO of Trina Solar, once stressed: “The strength of China’s private enterprises is not bad and does not require special protection. The photovoltaic industry has already achieved global leadership. The strength, the most needed in going out is a fair and equal environment, hoping not to be influenced by various non-market factors."

Joint boycott of the United States to launch the "201" investigation
At the end of April, Suniva, the US solar company that just announced bankruptcy protection, filed a request under the US 1974 Trade Act, Article 201, to request the US International Trade Commission to import global crystalline silicon photovoltaic products (including batteries, components, and production components). Product) Initiate a safeguard survey.
Since May 11th, Jingke Energy, Longji Leye, Trina Solar, Artes, Jingao, GCL Integration, Yingli, Zhengtai, Dongfang Risheng, Zhonglai Photovoltaic and other photovoltaic companies have been operating for Suniva. The act of misconduct and maliciously causing Sino-US trade disputes expressed firm opposition. At the same time, there were more than a dozen overseas component companies including China and Vietnam PV, which were also subject to trade discrimination.
Trina Solar Limited said in a statement that Suniva had not actually put into production after the expansion at the end of last year and entered bankruptcy restructuring in April this year. The investment mistakes and operational failures of individual companies are caused by their own mismanagement, and they cannot abuse the trade remedy rules in an attempt to obtain additional benefits.
According to Cai Yuwei, an analyst at Jibang Green Energy Division, the United States has 13 GW of PV market every year.
Enterprises such as GCL Integration said in a statement that they are firmly opposed to the abuse of trade remedy clauses by individual PV companies in the United States. The current domestic solar PV production in the United States is far from meeting the domestic market demand. The overseas production capacity will not cause damage to the US domestic PV manufacturing industry. On the contrary, it will promote the upstream and downstream development of the PV industry and drive employment in the United States.
Zhu Xiangshan, Chairman of GCL Group, as Chairman of the Global Solar Energy Council and Chairman of the Asian Photovoltaic Industry Association, first advocated international cooperation, fair and free trade, and no trade war. He also said that in the face of US abuse of trade remedy to crack down on China, as a representative of Chinese PV companies, GCL will use all efforts to safeguard industrial interests.
Lu Jinbiao stressed: "The GCL Group's upstream materials in photovoltaics are GCL-Poly, the mid-stream battery components are integrated with GCL, and the downstream power plants are invested by GCL New Energy. GCL uses the influence of different industries to unite with Chinese PV companies. Fight together."
According to the Electrical and Mechanical Chamber of Commerce, Suniva’s Global Safeguards Survey requires trade remedy for all non-US-made solar PV products, setting a minimum import price, and applying for the first year of end product components at $0.78/W. The price of the film is 0.40 US dollars / watt. The US Customs Tariff No.: 8541.40.6030, 8541.40.6020, 8501.61.00.00, 8507.20.80 and 8501.31.8000. USITC is expected to notify the investigation in mid-May.
The survey is aimed at products imported from the United States from all countries and regions. USITC will decide whether the large imports of the above-mentioned products constitute the main cause of serious damage or serious damage to the relevant US industry within 120 days after receipt of the application (complex cases can be extended for 30 days). If a positive damage award is made, the ruling will be submitted to the President of the United States for a final decision on whether to take relief measures. Forms of measures include tariff increases, quotas, trade adjustment assistance, and any combination of the above, and the relevant relief measures are initially valid for four years.
It is reported that clause 201 is different from general anti-dumping regulations, and it is arbitrary. The so-called investigation does not need to prove whether the sales of imported products in the US market are in compliance with relevant trade regulations, and they are not differentiated according to the number of imports from various countries. As long as the “serious damage” suffered by US companies is determined to be caused directly by certain imported products, It is possible to determine the implementation of the “punishment” measure.
Zhonglai shares said in the statement that China's photovoltaic industry and the photovoltaic industry of various countries are complementary interests. China's photovoltaic industry has brought more opportunities and vitality to the world's photovoltaic development. China's PV companies have established close cooperative relations with equipment and raw material suppliers from the United States, as well as downstream distributors, installers, and technical service providers. They have made positive contributions to alleviating employment pressures in the United States. Suniva's move has seriously hampered the development of photovoltaics in the United States, and will also seriously disrupt the orderly development of the global photovoltaic industry.
In his statement, Longji Leye emphasized that today, with the increasing emphasis on environmental issues such as energy transformation, low-carbon economy, and climate change, the world has made more efforts, including, and will. The signing and promotion of the Paris Agreement fully reflects the determination of people in various countries to improve the global environment. Among them, photovoltaic as an outstanding representative in the field of new energy, its development and application, promotion and application are of great significance. The application for the "201 clause" to investigate the case is tantamount to retrograde application, which not only seriously hinders the US clean energy promotion process, but also seriously disrupts the orderly development of the global photovoltaic industry.
Longji Leye called on the US International Trade Commission to urge relevant companies to respond to bankruptcy in the right way and adopt relevant rational measures. At the same time, they should seriously consider the interests of the vast number of PV companies and consumers in the United States and the world, and eliminate the negative impact of trade protectionism as soon as possible.
According to data from JA Solar in the statement, if the United States adopts trade security measures for photovoltaic products from all over the world, it is expected to affect millions of jobs in the global industrial chain, and will directly damage more than 9,000 companies in the US solar industry. Benefits and the livelihood of 260,000 American workers and their families.

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