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Commerce Issues Preliminary Determination in Solar Circumvention Investigation but Leaves Important Questions Unanswered

On December 1, 2022, the US Department of Commerce (Commerce) published its preliminary determination in the circumvention investigation into whether imports of crystalline silicon photovoltaic (CSPV) cells or modules...more

Commerce Issues Final Rule Implementing Pause on Possible Circumvention Duties on Solar Panels

The US Department of Commerce (Commerce) has finalized its proposed regulations (Final Rule) implementing Presidential Proclamation 10414. In Proclamation 10414, US President Joe Biden temporarily waived the application of...more

Commerce Proposes New Rule to Pause Collection of Antidumping or Countervailing Duties on Pending Circumvention Inquiries...

On July 1, 2022, the US Department of Commerce (Commerce) published a proposed rule to pause the collection of any antidumping (AD) or countervailing (CVD) duties under its pending circumvention inquiries on crystalline...more

Biden Administration Pauses Solar Panel Circumvention Proceeding to Allow Domestic Industry to Develop Sufficient Supply of Solar...

In an unprecedented move, US President Joe Biden has decided to do the following: 1. Temporarily pause the imposition of any duties or estimated duties that might result from the US Department of Commerce’s (Commerce)...more

Key Takeaways | Update on the Solar Circumvention Proceeding and Discussion of Possible Comments in Response to Commerce’s Recent...

On May 17, 2022, Carl Fleming, Lynn Kamarck and Tyler Kimberly from McDermott’s Energy and Project Finance and International Trade teams hosted Solar Energy Industry Association (SEIA) General Counsel and Vice President of...more

Commerce Clarifies Scope of CSPV Circumvention Inquiry and Provides Opportunity to Comment on Proposed Certification Process

On March 25, 2022, pursuant to allegations made by Auxin Solar Inc., the US Department of Commerce (Commerce) initiated a circumvention inquiry into whether imports of crystalline silicon photovoltaic cells (CSPVs) from...more

Key Takeaways | Commercial, Legal and Policy Responses to Commerce’s Anticircumvention Investigation

The US Department of Commerce (Commerce) recently initiated a circumvention investigation against solar cell and module imports from Cambodia, Malaysia, Thailand and Vietnam. This decision has the potential to profoundly...more

US Department of Commerce Solicits Public Comment on Section 232 Investigation into the Effect of Imports of Neodymium Magnets on...

The US Department of Commerce’s (Commerce) Bureau of Industry and Security has initiated an investigation under Section 232 of the Trade Expansion Act of 1962 to determine the effects on US national security from imports of...more

New Antidumping & Countervailing Duty Petitions on Certain Aluminum Foil

On September 29, 2020, a petition was filed seeking antidumping (AD) duties on Certain Aluminum Foil (CAF) from Armenia, Brazil, Oman, Russia and Turkey, and countervailing (CVD) duties on imports of CAF from Oman and Turkey....more

Antidumping & Countervailing Duty Petitions on Utility Scale Wind Towers

On September 30, 2020, a petition was filed seeking antidumping (AD) duties on Utility Scale Wind Towers from India, Malaysia and Spain, and countervailing (CVD) duties on imports from India and Malaysia. The Wind Tower Trade...more

Alert Regarding Proposed New Commerce Antidumping/Countervailing Duty Regulations

The US Department of Commerce (“Commerce”) published in the Federal Register recently a proposed rule entitled “Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws.” (85 Fed. Reg....more

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