The U.S. Department of Commerce (“Commerce”) has recently leveled its final determination, signaling the closure of a long-running circumvention investigation. This investigation focused on whether crystalline silicon photovoltaic (“CSPV”) cells and modules imported from Cambodia, Malaysia, Thailand, and Vietnam (collectively referred to as “the target countries”) were being used as conduits to circumvent antidumping duty and countervailing duty orders (the “Orders”) originally levied on similar products sourced from the People’s Republic of China (“China” or “PRC”).
The final determination held by Commerce continues to support the early assertion that circumvention has indeed been taking place in every instance, indicating widespread efforts to defraud the original antidumping and countervailing duty orders placed on CSPV cells and modules emanating from China.
Given the economic impacts that such wide-scale circumvention efforts pose, particularly to international trade relationships and to domestic industries producing CSPV cells and modules, it is critical that corporate legal professionals consider this determination when advising clients on import processes and adherence to international antidumping and countervailing duty orders.
This determination and ongoing developments in the arena of international trade law serve as a reminder that adherence to legal regulations, particularly those concerning trade, are fundamental to the orderly conduct of business on a global scale. Legal professionals working in international corporate law would do well to stay informed of these continual developments.
For more detailed information, please refer to the article provided by Blank Rome LLP available here.