U.S. Initiates 'AD/CVD' Investigations on Photovoltaic Products from Laos, Indonesia, and India: How Should Enterprises Respond?
U.S. Initiates 'AD/CVD' Investigations on Photovoltaic Products from Laos, Indonesia, and India: How Should Enterprises Respond?
Attorneys OU Yingshi and HUANG Enlin note that on July 16, 2025, the American Alliance for Solar Manufacturing and Trade (AASMT) submitted a petition to the U.S. Department of Commerce (DOC) requesting the initiation of anti-dumping and countervailing duty (AD/CVD) investigations into photovoltaic products originating from Indonesia, Laos, and India. This petition was prompted by Chinese photovoltaic companies transferring production capacity to these three countries to circumvent high U.S. tariffs on Southeast Asian nations. The investigation primarily targets crystalline silicon photovoltaic cells and modules, laminates, and panels with a thickness of ≥20 micrometers, alleging that companies in these three countries engaged in dumping and enjoyed multiple government subsidies such as tax exemptions, and underpriced land and electricity supply. The period of investigation is from July 2024 to June 2025. The U.S. procedures are expected to be initiated in August 2025, with the investigation and determination process expected to last until the second half of 2026. This investigation will have a significant impact on Chinese photovoltaic export enterprises. It is recommended that relevant companies improve their cross-border compliance systems in advance, closely monitor the progress of the investigation, and actively respond to the investigation with the assistance of lawyers to cope with the potential risk of high tariffs.
I. Background of the Event
The United States has made another “major move”! According to relevant information, on July 16, 2025, the American Alliance for Solar Manufacturing and Trade (hereinafter referred to as “AASMT”) submitted a petition to the U.S. Department of Commerce for anti-dumping and countervailing duty (hereinafter referred to as “AD/CVD”) investigations against photovoltaic products imported from Indonesia, Laos, and India (hereinafter referred to as the “Investigation Petition”). The author notes that this is by no means the first time the U.S. has launched AD/CVD-related investigations in the field of photovoltaic products. As early as April 24, 2024, AASMT had filed a petition for “AD/CVD” investigations on photovoltaic modules from Vietnam, Cambodia, Thailand, and Malaysia. The result of that investigation was that enterprises in some of these countries were subjected to high tariffs, leading to a sharp increase in the export trade costs of photovoltaic modules originating from those countries. This subsequently caused companies in the global photovoltaic supply chain to face severe supply chain risks, forcing some module manufacturers to reconsider the structure of their global capacity layout.
The background of this Investigation Petition is that AASMT believes that some Chinese companies, in order to circumvent high U.S. tariffs, have transferred their production capacity to countries like Indonesia and Laos, which had not yet been included in the U.S. “AD/CVD” list. Subsequently, seeing this, Indian companies have also followed the example of Chinese enterprises. AASMT argues that this behavior of transferring production capacity circumvents U.S. trade remedy measures and adversely affects the domestic photovoltaic manufacturing industry in the U.S. Therefore, they have submitted this Investigation Petition to the U.S. Department of Commerce.
II. Key Information of the Investigation Petition
(I) Countries Targeted by the Investigation Petition
According to relevant information, there are three countries targeted by this Investigation Petition: Indonesia, Laos, and India. The alleged dumping margins for Indonesia, India, and Laos are 89.65%, 213.96%, and 245.79%-249.09% respectively. AASMT believes that the photovoltaic industries in these three countries have developed rapidly, and many Chinese photovoltaic enterprises have invested and set up factories there. The targets of this petition are precisely the photovoltaic companies in Laos, Indonesia, and India.
(II) The Investigation Period Involved in the Petition
| Investigation Item | Period of Investigation |
|---|---|
| Anti-Dumping (Case Numbers: Indonesia: A-560-847; India: A-533-938; Laos: A-553-003) | July 2024 to June 2025 |
| Countervailing Duty (Case Numbers: Indonesia: C-560-848; India: C-533-939; Laos: C-553-004) | January to December 2024 |
(III) Scope of Products Involved in the Investigation Petition
According to relevant information, the scope of products involved in this Investigation Petition is relatively broad, mainly including crystalline silicon photovoltaic cells, as well as modules, laminates, and panels consisting of these cells, whether or not these products are assembled into other products. However, some products are excluded from the scope of this Investigation Petition, such as thin-film photovoltaic products, and certain low-power off-grid photovoltaic panels.
The specific scope and description of the subject merchandise are detailed in the table below:
| English | Chinese |
|---|---|
| The merchandise covered by these investigations is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials. | 本调查所涉及的产品是晶体硅光伏电池，以及由晶体硅光伏电池构成的组件、层压件和面板，无论是否部分或完全组装成其他产品，包括但不限于组件、层压件、面板和建筑一体化材料。 |
| These investigations cover crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. | 本调查涵盖厚度等于或大于20微米的晶体硅光伏电池，具有通过任何方式形成的p/n结，无论该电池是否经过其他加工，包括但不限于清洗、蚀刻、涂层和/或添加材料（包括但不限于金属化和导体图案）以收集和传导电池产生的电力。 |
| Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of the investigations. | 涉案产品在进口时可能被描述为进口后组装的最终成品的零部件，包括但不限于组件、层压件、面板、建筑一体化组件、建筑一体化面板或其他成品套件。符合涉案产品定义的此类零部件均包含在调查范围内。 |
| Excluded from the scope of the investigations are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). | 调查范围不包括由非晶硅(a-Si)、碲化镉(CdTe)或铜铟镓硒(CIGS)生产的薄膜光伏产品。 |
| Also excluded from the scope of the investigations are crystalline silicon photovoltaic cells, not exceeding 10,000 mm² in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. | 调查范围还排除表面积不超过10,000平方毫米的晶体硅光伏电池，这些电池永久集成在消费品中，且该消费品的功能不是发电，而是消耗该集成晶体硅光伏电池所产生的电力。当多个电池永久集成在一个消费品中时，就本排除条款而言，表面积应为集成在该消费品中的所有电池的总合计表面积。 |
| Additionally, excluded from the scope of the investigations are panels with surface area from 3,450 mm² to 33,782 mm² with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no panel shall contain an internal battery or external computer peripheral ports. | 此外，调查范围还排除表面积在3,450平方毫米至33,782平方毫米之间的面板，这些面板带有一根黑线和一根红线（均为22 AWG或24 AWG型号，从面板挤出处测量长度不超过206毫米），且不超过2.9伏特、1.1安培和3.19瓦特。就本排除条款而言，任何面板都不得包含内置电池或外部计算机外设端口。 |
| Also excluded from the scope of the investigations are: 1. Off grid CSPV panels in rigid form with a glass cover, with the following characteristics: (A) a total power output of 100 watts or less per panel; (B) a maximum surface area of 8,000 cm² per panel; (C) do not include a built-in inverter; (D) must include a permanently connected wire that terminates in either an 8 mm male barrel connector, or a two-port rectangular connector with two pins in square housings of different colors; (E) must include visible parallel grid collector metallic wire lines every 1-4 millimeters across each solar cell; and (F) must be in individual retail packaging (for purposes of this provision, retail packaging typically includes graphics, the product name, its description and/or features, and foam for transport) | 调查范围还排除以下产品：1. 具有玻璃盖板的刚性离网晶体硅光伏面板，具有以下特征：(A) 每块面板的总功率输出不超过100瓦；(B) 每块面板的最大表面积为8,000平方厘米；(C) 不包含内置逆变器；(D) 必须包含永久连接的导线，该导线端接为8毫米公制桶型连接器，或带有不同颜色方形外壳的双针矩形连接器；(E) 必须在每个太阳能电池上每隔1-4毫米可见平行栅线金属导线；以及(F) 必须采用独立零售包装（就本条款而言，零售包装通常包括图案、产品名称、产品描述和/或特征，以及用于运输的泡沫） |
| 2. Off grid CSPV panels without a glass cover, with the following characteristics: (A) a total power output of 100 watts or less per panel; (B) a maximum surface area of 8,000 cm² per panel; (C) do not include a built-in inverter; (D) must include visible parallel grid collector metallic wire lines every 1-4 millimeters across each solar cell; and (E) each panel is 1. permanently integrated into a consumer good; 2. encased in a laminated material without stitching, or 3. has all of the following characteristics: (i) the panel is encased in sewn fabric with visible stitching, (ii) includes a mesh zippered storage pocket, and (iii) includes a permanently attached wire that terminates in a female USB-A connector. | 2. 不带玻璃盖板的离网晶体硅光伏面板，具有以下特征：(A) 每块面板的总功率输出不超过100瓦；(B) 每块面板的最大表面积为8,000平方厘米；(C) 不包含内置逆变器；(D) 必须在每个太阳能电池上每隔1-4毫米可见平行栅线金属导线；以及(E) 每块面板需满足以下条件之一：1. 永久集成在消费品中；2. 封装在无缝合的层压材料中，或3. 具有以下所有特征：(i) 面板封装在有可见缝线的缝制面料中，(ii) 包括网眼拉链储物袋，以及(iii) 包括永久连接的以母式USB-A连接器端接的导线。 |
| In addition, the following CSPV panels are excluded from the scope of the investigations: off-grid CSPV panels in rigid form with a glass cover, with each of the following physical characteristics, whether or not assembled into a fully completed off-grid hydropanel whose function is conversion of water vapor into liquid water: (A) a total power output of no more than 80 watts per panel; (B) a surface area of less than 5,000 square centimeters (cm²) per panel; (C) do not include a built-in inverter; (D) do not have a frame around the edges of the panel; (E) include a clear glass back panel; and (F) must include a permanently connected wire that terminates in a two-port rectangular connector. | 此外，以下晶体硅光伏面板也被排除在调查范围之外：具有玻璃盖板的刚性离网晶体硅光伏面板，具有以下物理特征，无论是否组装成功能为将水蒸气转化为液态水的完整离网水汽发电面板：(A) 每块面板的总功率输出不超过80瓦；(B) 每块面板的表面积小于5,000平方厘米；(C) 不包含内置逆变器；(D) 面板边缘无框架；(E) 包括透明玻璃背板；以及(F) 必须包含永久连接的以双端口矩形连接器端接的导线。 |
| Modules, laminates, and panels produced in a third country from cells produced in the PRC are covered by these investigations; however, modules, laminates, and panels produced in the PRC from cells produced in a third country are not covered by these investigations. | 使用中国生产的电池在第三国生产的组件、层压件和面板属于本调查范围；但是，使用第三国生产的电池在中国生产的组件、层压件和面板不属于本调查范围。 |
| The merchandise covered by these investigations is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under statistical reporting numbers 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000, 8507.80.8100, 8507.80.8500, 8541.42.0010, 8541.42.0020, 8541.43.0010, 8541.43.0020, 8541.49.0010, and 8541.49.0020. | 本调查所涉及的产品目前在美国协调关税表(HTSUS)中归类于统计申报编号8501.71.0000、8501.72.1000、8501.72.2000、8501.72.3000、8501.72.9000、8507.80.8100、8507.80.8500、8541.42.0010、8541.42.0020、8541.43.0010、8541.43.0020、8541.49.0010和8541.49.0020项下。 |
| These HTSUS statistical reporting numbers are provided for convenience and customs purposes. The written description of the scope of the investigations is dispositive. | 这些HTSUS统计申报编号仅为方便和海关目的而提供。调查范围以书面描述为准。 |
| For purposes of these investigations, subject merchandise also includes merchandise that is altered in a third country prior to importation into the United States, where such alteration does not substantially transform the merchandise under U.S. Customs and Border Protection (CBP) precedent. | 就本调查而言，涉案产品还包括在进口到美国之前在第三国进行改装的产品，只要该改装根据美国海关和边境保护局(CBP)先例不构成实质性转变。 |
| For purposes of these investigations, a module is a joined group of cells, connected in series, parallel, or series and parallel combination, which has been laminated or otherwise permanently fastened together and includes a permanent frame, junction box, and positive and negative wire or lead terminals. | 就本调查而言，组件是指通过串联、并联或串并联组合连接在一起的电池组，这些电池组已经过层压或以其他方式永久固定在一起，并包括永久框架、接线盒以及正负极导线或引线端子。 |
According to an incomplete statistics compiled by the author through public information, there are no fewer than 30 A-share listed companies in China engaged in the manufacturing of the aforementioned relevant photovoltaic modules (or their upstream and downstream products). As of April 30, 2025, the total market value of these listed companies was no less than 1 trillion RMB. According to relevant information, Chinese photovoltaic modules account for approximately 80% of the global market share in related markets. It can be said that the export issue of photovoltaic module products is not only a matter of “life and death” for relevant enterprises but also has a major impact on China’s economy and energy strategy.
(IV) Subsidy Programs Alleged by the Petitioner
In this Investigation Petition, AASMT alleges that photovoltaic enterprises in Indonesia, Laos, and India have enjoyed various government subsidies. These subsidies are deemed to violate fair trade principles and have caused injury to the domestic photovoltaic industry in the U.S. Specifically, these subsidy programs cover multiple aspects, including tax incentives, preferential land use, preferential electricity supply, financial support, and preferential raw material supply. These subsidy programs are alleged to have helped relevant enterprises sell products below cost, thereby creating an unfair competitive advantage in the U.S. market. The specific subsidy programs alleged against Indonesia, Laos, and India are as follows:
(1) Subsidy Programs in Indonesia Alleged by the Petitioner
| English | Chinese |
|---|---|
| Industrial Estate Subsidies | 工业园区补贴 |
| Export Financing from the Indonesia Export-Import Bank | 印尼进出口银行出口融资 |
| Exemption from Import Income Tax Withholding | 进口所得税预扣税豁免 |
| Import Duty Exemption on Imported Capital Goods, Machinery, and Equipment | 进口资本货物、机械和设备的进口关税豁免 |
| Corporate Income Tax Holiday for Pioneer Industries | 先锋产业企业所得税减免 |
| Article 31E Income Tax Deduction | 第31E条所得税减免 |
| Import Duty Exemptions for Exporters | 出口商进口关税豁免 |
| VAT Exemptions for Exporters | 出口商增值税豁免 |
| Luxury-Good Sales Tax Exemptions for Exporters | 出口商奢侈品销售税豁免 |
| Electricity for LTAR (Less Than Adequate Remuneration) | 低于充分报酬的电力供应 |
| Tax Deductions for Listed Investments | 上市投资税收减免 |
| Accelerated Depreciation and Amortization for Listed Investments | 上市投资加速折旧和摊销 |
| Reduced Tax Rates on Dividends for Listed Investments | 上市投资股息优惠税率 |
| Loss Compensation for Listed Investments | 上市投资亏损补偿 |
| VAT Exemptions for Capital Goods and Equipment Used to Produce Exports in Bonded Zones | 保税区出口生产用资本货物和设备的增值税豁免 |
| The Provision of Polysilicon for Less Than Adequate Remuneration | 低于充分报酬的多晶硅供应 |
| The Provision of Silicon Wafers for Less Than Adequate Remuneration | 低于充分报酬的硅片供应 |
| The Provision of Silver Paste for Less Than Adequate Remuneration | 低于充分报酬的银浆供应 |
| The Provision of Solar Glass for Less Than Adequate Remuneration | 低于充分报酬的太阳能玻璃供应 |
| The Provision of Aluminum Solar Frames for Less Than Adequate Remuneration | 低于充分报酬的铝制太阳能边框供应 |
| The Provision of Junction Boxes for Less Than Adequate Remuneration | 低于充分报酬的接线盒供应 |
| The GOC’s (Government of China’s) Supply Chain Financing for Accounts Payable | 中国政府应付账款供应链融资 |
(2) Subsidy Programs in Laos Alleged by the Petitioner
| English | Chinese |
|---|---|
| Income Tax Exemptions for Specified Zones | 特定区域所得税豁免 |
| Income Tax Exemptions for Re-Investment or Expansion | 再投资或扩张所得税豁免 |
| Import Duty and Value Added Tax Exemptions | 进口关税和增值税豁免 |
| Provision of Land Use Rights for Less Than Adequate Remuneration | 低于充分报酬的土地使用权供应 |
| Provision of Land Rental Fee Exemptions | 土地租赁费用豁免 |
| Customs Duty and VAT Exemptions in the Saysettha Development Zone | 塞塞塔开发区关税和增值税豁免 |
| Income Tax Exemptions in the Saysettha Development Zone | 塞塞塔开发区所得税豁免 |
| Provision of Land for LTAR in the Saysettha Development Zone | 塞塞塔开发区低于充分报酬的土地供应 |
| Land Rental Fee Exemptions for LTAR in the Saysettha Development Zone | 塞塞塔开发区土地租赁费用豁免 |
| Saysettha Development Zone VAT Reduction for Water Supply | 塞塞塔开发区供水增值税减免 |
| Provision of VAT Reductions for Electricity Supply in Saysettha Development Zone | 塞塞塔开发区供电增值税减免 |
| The Provision of Polysilicon for Less Than Adequate Remuneration | 低于充分报酬的多晶硅供应 |
| The Provision of Silicon Wafers for Less Than Adequate Remuneration | 低于充分报酬的硅片供应 |
| The Provision of Silver Paste for Less Than Adequate Remuneration | 低于充分报酬的银浆供应 |
| The Provision of Solar Glass for Less Than Adequate Remuneration | 低于充分报酬的太阳能玻璃供应 |
| The Provision of Aluminum Solar Frames for Less Than Adequate Remuneration | 低于充分报酬的铝制太阳能边框供应 |
| The Provision of Junction Boxes for Less Than Adequate Remuneration | 低于充分报酬的接线盒供应 |
| The GOC’s Supply Chain Financing for Accounts Payable | 中国政府应付账款供应链融资 |
| Preferential Lending | 优惠贷款 |
(3) Subsidy Programs in India Alleged by the Petitioner
| English | Chinese |
|---|---|
| Advance Authorization Program | 预先授权计划 |
| Duty Drawback (DDB) Scheme | 退税计划 |
| Duty Free Import Authorization (DFIA) Scheme | 免税进口授权计划 |
| Merchandise Export Incentive Scheme (MEIS) | 商品出口激励计划 |
| Remission of Duties and Taxes on Export Products Scheme (RODTEP) | 出口产品关税和税收减免计划 |
| Export Promotion Capital Goods Scheme (EPCG) | 出口促进资本货物计划 |
| Exemption from Payment of Central Excise Duty for Export Oriented Units | 出口导向企业中央消费税豁免 |
| Market Access Initiative | 市场准入计划 |
| Interest Equalization Scheme on Pre- and Post-Shipment Export Credit | 出口信贷利息平衡计划 |
| Market Development Assistance Scheme | 市场开发援助计划 |
| Status Holder Incentive Scrip | 资格持有人激励凭证 |
| Section 32 Capital Investment Income Tax Deduction | 第32条资本投资所得税减免 |
| Income Tax Reductions for Research and Development Expenses | 研发费用所得税减免 |
| Scheme for Development/Strengthening of Agricultural Marketing, Infrastructure, Grading, and Standardization | 农业市场、基础设施、分级和标准化发展/加强计划 |
| Investment Subsidy | 投资补贴 |
| State Goods and Service Tax (SGST) Reimbursement | 邦商品和服务税退税 |
| Employment Enhancer Incentive | 促进就业激励 |
| Waiver of Stamp Duty & Registration Charges | 印花税和注册费豁免 |
| Incentives for Sustainability and Responsible Industrialization | 可持续和负责任工业化激励 |
| Quality Certification Incentive | 质量认证激励 |
| Exemption from Stamp Duty | 印花税豁免 |
| Investment Subsidy for Anchor Industries | 龙头产业投资补贴 |
| Investment Promotion Subsidy Based on Turnover | 基于营业额的投资促进补贴 |
III. Investigation Procedures and Schedule of the U.S. Department of Commerce
(I) Anti-Dumping and Countervailing Duty Investigation Procedures
After initiating an investigation, the U.S. Department of Commerce will issue questionnaires to producers in the subject countries. In the practical operations of the U.S. DOC, if there are too many respondents, it usually selects the top few companies with the largest export volumes as mandatory respondents. In addition, besides the mandatory respondents, companies that exported the subject merchandise during the period of investigation are also eligible to respond. Companies that refuse to respond, as well as companies that did not export during the investigation period (i.e., companies ineligible to respond), will be subject to a country-wide uniform tax rate, which is usually equal to the highest punitive rate. During the investigation process, the U.S. DOC will also conduct on-site verifications to check the authenticity of the data provided by the companies. If the preliminary determination finds that dumping exists, importers will be required to post cash deposits; if the final determination confirms dumping, importers will need to pay cash deposits retroactively based on the final tax rate.
The procedures for countervailing duty investigations are similar. After initiation, questionnaires will be issued, and the companies with the largest export volumes will be selected as mandatory respondents. If the preliminary determination finds that subsidies exist, importers will likewise be required to post cash deposits. If the final determination is affirmative, the case will enter the industrial injury determination phase at the U.S. International Trade Commission (hereinafter referred to as “ITC”), and importers will need to pay cash deposits retroactively based on the final countervailing duty rate determined.
(II) Time Schedule
The entire investigation process is quite lengthy. From initiation to final determination, anti-dumping and countervailing duty investigations may take more than a year. Specific timelines can be referenced in the charts below. The actual schedule will be subject to official announcements. You may refer to the following two tables:
(1) Estimated Schedule for Anti-Dumping Investigation
| Date | Anti-Dumping Procedure |
|---|---|
| July 17, 2025 | Petition filed |
| August 6, 2025 | Initiation by the U.S. DOC |
| August 13, 2025 | Official notice of initiation by the U.S. DOC |
| August 31, 2025 | ITC preliminary determination |
| August 27, 2025 | Selection of mandatory respondents (Estimated) |
| August 27, 2025 | Deadline for separate/average rate applications |
| December 24, 2025 | U.S. DOC 140-day preliminary determination (usually extended to 190 days) |
| February 12, 2026 | U.S. DOC 190-day preliminary determination |
| February 19, 2026 | U.S. DOC 190-day preliminary determination notice (Estimated) |
| April 28, 2026 | U.S. DOC 75-day final determination (usually extended to 135 days) |
| July 4, 2026 | U.S. DOC 135-day final determination, cannot be extended except for holidays |
| July 11, 2026 | U.S. DOC 135-day final determination notice (Estimated) |
| August 18, 2026 | Expiration of preliminary measures |
| August 18, 2026 | ITC final determination |
| August 25, 2026 | ITC final determination notice (Estimated, execution of final measures) |
(2) Estimated Schedule for Countervailing Duty Investigation
| Date | Countervailing Procedure |
|---|---|
| July 17, 2025 | Petition filed |
| August 6, 2025 | Initiation by the U.S. DOC |
| August 13, 2025 | Official notice of initiation by the U.S. DOC |
| August 31, 2025 | ITC preliminary determination |
| August 27, 2025 | Selection of mandatory respondents (Estimated) |
| October 10, 2025 | U.S. DOC 65-day preliminary determination (usually extended to 130 days) |
| December 14, 2025 | U.S. DOC 130-day preliminary determination |
| December 21, 2025 | U.S. DOC 130-day preliminary determination notice (Estimated) |
| February 27, 2026 | U.S. DOC 75-day final determination (usually aligned with the dumping investigation) |
| April 20, 2026 | Expiration of preliminary measures |
| April 28, 2026 | Aligned with the 75-day final dumping determination (usually extended to 135 days) |
| July 4, 2026 | Aligned with the 135-day final dumping determination |
| July 11, 2026 | U.S. DOC 135-day final determination notice (Estimated) |
| August 18, 2026 | ITC final determination |
| August 25, 2026 | ITC final determination notice (Estimated, execution of final measures) |
IV. How Should Chinese Enterprises Respond to the Coming “Storm”?
(I) Actively Participate in the Defense
The upcoming “AD/CVD” investigations based on this Investigation Petition will have a massive impact on Chinese photovoltaic module manufacturers, especially those that have invested and built factories in Indonesia, Laos, and India, and exported the subject merchandise to the U.S. during the period of investigation. If relevant enterprises do not actively defend themselves, importers may face high tariffs, causing them to abandon further purchases of the subject merchandise from the exporters, which would result in the enterprises losing the U.S. market. Therefore, the author advises that Chinese photovoltaic module manufacturers with capacity deployments in these countries must take this seriously immediately and actively respond to the coming “storm.” It is recommended that corporate legal teams and external legal counsel begin preparing response strategies, plans, and relevant materials, and cooperate with the upcoming “AD/CVD” investigations under the advice of lawyers.
(II) Plan Compliance Strategies in Advance
In the face of the U.S.’s continuous “hunting and pursuit” via anti-dumping and countervailing duty investigations, Chinese photovoltaic module manufacturers need to strengthen their awareness of cross-border compliance operations. They should thoroughly review AD/CVD investigations, rules of origin, etc., and embed compliance requirements into every stage of procurement, production, and export. They must strengthen early warning awareness of trade frictions, dynamically track regulatory changes, and monitor the U.S. DOC and ITC’s initiation notices, tax rate adjustments, and case law updates, focusing particularly on “AD/CVD” trends targeting Chinese industries (such as new energy, steel, and other high-frequency target industries). Ample preparation must be made in aspects such as investment layout, cost accounting, and document retention to cope with potential risks.
(III) Seek Professional Legal Support
To deal with such complex international trade investigations that have short response windows, enterprises are best advised to seek professional legal support. They should engage professional lawyers to assist in quickly analyzing whether they exported the subject merchandise during the period of investigation and, if eligible, actively participate in the defense. In this regard, the professional legal team at Long An can provide full-process legal services for relevant Chinese enterprises, from case evaluation and questionnaire responses to a series of subsequent investigation procedures (including original anti-dumping investigations, administrative reviews, interim reviews, new shipper reviews, sunset reviews, and transitional reviews), helping enterprises mitigate risks.
V. Conclusion
This Investigation Petition and the upcoming U.S. “AD/CVD” investigations against photovoltaic products from Indonesia, Laos, and India pose a huge challenge for Chinese photovoltaic module manufacturers. In the face of U.S. “AD/CVD” containment, Chinese photovoltaic module manufacturers need to adopt a three-pronged approach: “prevent, avoid, and resist.” They should build a firewall through compliance awareness; restructure their supply chains when necessary to step out of the strike zone; and actively defend their legitimate rights and interests through legal means when facing investigations. It is believed that as long as enterprises actively respond, make preparations in advance, and transform risk awareness into normalized management, they can survive steadily in the complex international trade environment.
(Note: The contents stated in this article are for reference only and do not constitute legal advice. The final results of relevant procedures shall be subject to official announcements.)
Notes:
[1] Jintai Information: “China’s Photovoltaic Module Export Potential is Abundant,” reported on February 24, 2025, https://www.toutiao.com/article/7474780674281570842/?upstream_biz=doubao&source=m_redirect
[2] 19 U.S. Code § 1677f-1
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