On June 6, 2022, the Biden Administration announced its intention to waive collection of antidumping (“AD”) and countervailing (“CVD”) duties on imports of crystalline silicon photovoltaic (“CSPV”) cells and modules from Cambodia, Malaysia, Thailand, and Vietnam for two years, regardless of the outcome of the ongoing circumvention proceeding covering such imports. There are crucial uncertainties regarding implementation of this action, and it may be vulnerable to attack in court.
President Biden issued a proclamation that:
In addition, Commerce announced that it will promulgate regulations to temporarily permit for “up to 24 months” duty-free imports of CSPV cells and modules from Cambodia, Malaysia, Thailand, and Vietnam. Commerce clarified that, once the announced 24-month waiver period is over, the results of the ongoing circumvention proceeding will apply to imports of CSPV cells and modules from the four Southeast Asian countries.
Significant uncertainties remain regarding the Administration’s duty-waiver initiative:
Auxin Solar, the petitioner in the circumvention proceeding, has reportedly expressed opposition to the duty-waiver announcement. Much could depend on whether it (or some other party) challenges the action in court. A court challenge may not be ripe until Commerce promulgates implementing regulations.
 For background information on the Commerce Department’s circumvention proceeding, please see Orrick’s webinar here.