A loophole might enable Southeast Asian solar panels enter the US duty-free.

A loophole might enable Southeast Asian solar panels enter the US duty-free.
A loophole might enable millions of Southeast Asian solar panels to enter the U.S. market untariffed if the U.S. International Trade Commission (ITC) does not swiftly issue its final conclusion in the AD/CVD probe. The winning AD/CVD petitioners, the American Alliance for Solar Manufacturing Trade Committee, say so.
In the event that the International Trade Commission (ITC) does not communicate its final determination to Customs and Border Protection (CBP) by June 2, the Committee is of the opinion that large quantities of solar cells and panels from Cambodia, Malaysia, Thailand, and Vietnam are currently being stored in bonded warehouses and inventories. These items have the potential to enter the United States duty-free.
The Committee writes to ITC Secretary Lisa Barton that an antidumping action based on the Dept. of Commerce’s preliminary estimations might be imposed on imported solar goods for 180 days. The ITC’s positive final ruling must be published in the Federal Register for CBP to collect antidumping cash payments after 180 days.
Commerce slapped provisional antidumping duties on Dec. 4, 2024. They last 180 days till June 1. Anything entering the nation after June 2 will not be subject to preliminary or final tariffs. The Committee requests that the ITC announce its positive conclusion by June 2, 2025.
Product has entered the nation without countervailing tariffs via this “loophole.” Southeast Asian solar imports have been duty-free in the US since February after the preliminary CVD measures were issued in October. The Committee wrote to the ITC that the items fulfilled preliminary AD measures in this case.
While imports from Cambodia, Malaysia, Thailand, and Vietnam have fallen since early-2024, tariffed cells and panels continue to enter the nation.