Thailand gains advantage after US announces preliminary results of solar tax investigation

The United States has revealed the results of its initial investigation into countervailing subsidies, or CVD, on solar cell products, finding that Thailand has a CVD rate of only 0.14-34.52%, giving Thailand a significant advantage in exporting solar cells to the United States. Mr. Noppadol Kantamas, Deputy Director-General of the Department of Foreign Trade (DFT), revealed that in May 2024, the United States opened an investigation into anti-dumping duties (Anti-Dumping Duty: AD) and countervailing duties (Countervailing Duty: CVD) on solar cell products (Crystalline Silicon Photovoltaic Cells: CSPV) from Thailand, Cambodia, Malaysia, and Vietnam. The US industry accused the Thai government of providing subsidies through 8 projects, such as tax reduction/exemption projects and support from the Belt and Road Initiative (BRI). The TCA has been working closely with 14 government agencies to develop a counter-claim against the allegations. On October 1, 2024, the United States announced the results of the Pr eliminary Affirmative Determinations (CVD) showing that the overlap in subsidies for Thai solar cells ranged from 0.14 to 34.52%. The top exporters selected to respond to the survey had a 0.14% overlap, which is so low that they are considered de minimis and will not be subject to the CVD duty. Exporters who did not respond to the survey had a 34.52% overlap, and other exporters had a 23.06% overlap. For the three accused countries, the CVD rates were as follows: Cambodia 8.25 - 68.45%, Malaysia 3.47 - 123.94%, and Vietnam 0.81 - 292.61%. The US will start collecting duties at these rates retroactively 90 days from the official announcement of the preliminary results. However, the disclosure of these results creates an opportunity for Thai solar cell exporters to gain an advantage in the US market, as Thailand's CVD rates are lower than those of its neighboring countries. Mr. Noppadol added that the United States is Thailand's number one export market for CSPV products, accounting for 75.27 percent, and Tha iland is currently a major trading partner for the United States in importing CSPV products. In 2023, the United States imported solar cells from Thailand in second place, totaling 23.96 million pieces, worth over 140 billion baht, or 24.68 percent, after Vietnam, which accounted for 27.09 percent of all CSPV imports from the United States. The investigation process is not yet over. The next step is for the United States to verify the accuracy of the information (Verification) of Thai exporters before announcing the results of the final determinations, which will be around February - March 2025. For AD measures, the United States is scheduled to announce the results of the preliminary investigation by November 27, 2024. The DSI will work closely with experienced legal counsel and expertise in this case to defend and defend the US allegations and protect all Thai solar cell exporters, with the aim that Thai solar cell exporters and the industry will not be charged CVD duties or will be charged at the lowest p ossible rate. Source: Thai News Agency

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