On August 26, according to foreign media reports, the US Federal Trade Court ruled that. The Biden administration's two-year ( 2022.6.6-2024.6.6 ) implementation from 2022 The " Southeast Asia Solar Cell and Module Import Tariff Suspension Order " (hereinafter referred to as the "Tariff Suspension Order") is illegal .
The ruling means that the U.S. Customs and Border Protection (CBP) can immediately begin to investigate and punish the imports from Cambodia, Malaysia, Thailand and Vietnam impose tens of billions of dollars in tariffs on imported photovoltaic cells and modules, with a conservative estimate of $ 54 billion in retroactive tariffs.
At present, the defendant and relevant stakeholders (such as the American Clean Energy Association, BYD, Atlas, Dongfang Risheng, Trina Solar, etc.) can plan to reduce the impact of retrospective tariffs by appealing to the Federal Circuit Court of Appeals, applying for suspension of taxation, and promoting policy adjustment.
It is reported that the Federal Trade Court of the United States has recently issued a brief summary of the judgment, and the complete judgment document containing non-confidential information will be officially published in the "Judgment Announcement" list on the court's official website on Sunday.
It is worth noting that the "double-reaction" investigation conducted by the United States on the solar cell industry in the four Southeast Asian countries can be traced back to 2022. In February
2022, Auxin Solar, a California-based solar module manufacturer, asked the U.S. Ministry of Commerce to launch a double-counter investigation into solar modules from Thailand, Vietnam, Cambodia and Malaysia. The application was opposed by the Biden administration of the United States at that time, and on June 6, 2022, it announced a two-year tariff exemption policy for solar cell and module products from the four countries.
The policy has been opposed and withdrawn several times in two years, and the final tariff exemption policy ends in June 2024.
In May 2024, the Ministry of Commerce of the United States announced that it would launch anti-dumping and countervailing investigations on crystalline silicon photovoltaic cells (whether assembled into modules or not) imported from the four countries. In April
2025, the US Department of Trade announced the final verdict of this round of "double reverse" investigation.
The result shows that the total tariff rate is between 16.64% and 3,521.14%, of which the anti-dumping rate is between 0% and 271.8% (Hanwha Qcell Malaysia factory received 0% tariff rate for cooperating with the US investigation); the countervailing duty rate is between 14.64% and 3,403.96%. (See: Is the highest 3521% a foregone conclusion? The latest progress of photovoltaic double anti-tariff in Southeast Asia !)
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