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On Friday, September 22, 2017, the U.S. International Trade Commission (“USITC”) unanimously determined that crystalline silicon photovoltaic (CSPV) cells and modules are being “imported into the United States in such increased quantities as to be a substantial cause of serious injury” to the domestic industry.

The petition was filed in late May 2017 on behalf of Suniva, Inc., (“Suniva”) and was later joined by a second U.S. producer, SolarWorld Americas Inc., (“SolarWorld”).
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Four days after President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons, USTR Lighthizer formally announced the initiation of an investigation on August 18, 2017.

The public is encouraged to participate in the investigation by submitting comments and appearing at a public hearing in Washington, DC.  Comments and requests to appear at the hearing must be submitted by Thursday, September 28, 2017. The public hearing will be held in the main hearing room of the U.S. International Trade Commission (“USITC”) on Tuesday, October 10, 2017.
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On Monday, August 14, 2017, President Trump signed a memorandum directing the U.S. Trade Representative (“USTR”) to determine whether to initiate a Section 301 investigation of Chinese laws, policies, practices, or actions that may be harming the intellectual property rights of U.S. persons.

In a Section 301 investigation, if the USTR determines that a Chinese

Last year, President Obama signed into law the Trade Facilitation and Trade Enforcement Act of 2015 (“TFTEA”).  Section 421 of the TFTEA (commonly called the Enforce and Protect Act, or EAPA), establishes procedures for submitting and investigating allegations of evasion of antidumping and countervailing duties.

The statute encouraged a wide variety of stakeholders to participate in this new administrative process.  For example, the statute defined “interested parties” who may file an allegation of evasion to include foreign exporters and producers, importers, and domestic manufacturers and wholesalers, of products covered by antidumping and countervailing duty orders.  Indeed, interested parties on all sides of the trade equation who play by the rules have an incentive to participate in the CBP’s evasion investigations. 
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Commerce Secretary Ross and the Department of Commerce’s Bureau of Industry and Security held a public hearing on Thursday, June 22, 2017 in the ongoing Section 232 investigation into whether aluminum imports are a threat to U.S. national security.

Witness testimony covered several topics including the negative effects of China’s aluminum overcapacity, the coverage and

On May 23, 2017, pursuant to a petition filed on behalf of Suniva, Inc., (“Suniva”) the U.S. International Trade Commission (the “Commission”) initiation a Section 201 safeguard investigation on crystalline silicon photovoltaic (CSPV) cells and modules.  Unlike antidumping and countervailing duty investigations, Section 201 investigations provide domestic industries relief from fairly-traded imports that are being “imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof,” to the domestic industry producing an article that is “like or directly competitive with the imported article.”

A second U.S. producer, SolarWorld Americas Inc., (“SolarWorld”) and the Petitioner in several antidumping and countervailing duty investigations of solar cells and modules from China and Taiwan, recently expressed support for the petition by joining Suniva as a co-petitioner.
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