Abstract At the beginning of June, the domestic PV industry fell into the “winter eventâ€. Near “6·30â€, domestic PV companies must rush to the domestic market on the one hand; on the other hand, they must free up their efforts to arrange the changing international market and respond to the possible launch of “201â€.
At the beginning of June, the domestic PV industry fell into the “falling eventâ€. Near “6·30â€, domestic PV companies must rush to the domestic market on the one hand; on the other hand, they must free up their efforts to arrange the changing international market and respond to the “201†case that may be initiated.
A stone provokes a thousand waves. On April 26, the US photovoltaic company Suniva declared bankruptcy and immediately filed an application for the “201†clause with the US International Trade Commission (ITC) to impose trade sanctions on all solar photovoltaic products not manufactured in the US and set a minimum import. price. If it is activated, it will cause the global PV industry chain to oscillate, and its influence and destructive power on global PV will far exceed the previous "double opposition".
ITC officially accepted Suniva's complaint on May 23, stating that it will launch a "201" clause investigation, with the goal of "whether the specific amount of crystalline silicon solar cells imported into the United States (and some or all of them assembled into other products) will indeed cause damage to the domestic industry. Damage or threat."
According to the operation procedure of the “201†clause, the damage judgment will be announced 120 days after the application date on May 17, 2017, that is, September 14, but the ITC has determined that the project is “extremely complicated†and is expected to be delayed until September. The results were announced on the 22nd and announced by Trump before November 13.
A wave of waves has risen again. On May 25th, SolarWorld, which had just declared bankruptcy, supported Suniva as a co-petitioner. As a German photovoltaic manufacturing giant, SolarWorld is regarded as a “single†in the European and American solar supply chains, and sometimes a wave of trade wars against China's photovoltaics in Europe and the United States. The addition of SolarWorld made the case more complicated, and its founder and CEO, Frank Asbeck, still insisted on blaming the bankruptcy of its own companies on the bankruptcy of Chinese PV manufacturers.
"We have launched anti-dumping wars in Europe and the United States, but dumping has intensified. Chinese companies have adopted methods to transfer manufacturing to neighboring countries and bypass the anti-dumping policies of Europe and the United States," Frank Asbeck said.
Or cause the global PV giant earthquake compared to the "double-reverse" clause, the "201" clause as the basic clause of the US trade relief system operating mechanism, more random and "killing." If Suniva and SolarWorld's application is approved, it means that the global PV trade war will be fully upgraded.
"Double-reverse" is a trade policy that all countries have. It is ruled by the US Department of Commerce that for the import of a country, the import damage comes from an unfair price advantage. The “201†clause is unique to the United States and authorizes the President to take action. For all countries’ imports, import damage comes from fair but excessive foreign competition.
“China PV still accounts for less than 5% of global share in 2010,†Hu Dan, senior analyst at IHS, gave data analysis from the manufacturing side. She said, “In 2016, China’s PV market share increased to 40%, from silicon materials, The global production capacity of silicon wafers and crystalline silicon modules and the share of China's production capacity, the proportion of each segment of the production capacity is over 50%, especially the silicon segment reaches about 80%, which is why other countries need to trade war."
SolarWorld was once the world's second largest solar power plant, but because of the unfunded production costs and financial pressure, the industry believes that its bankruptcy will happen sooner or later. At this time, SolarWorld declared bankruptcy, and the most worrying thing is that it will affect the trend of the "201" case.
A spokesperson for the Chinese Ministry of Commerce said that in recent years, the United States has launched anti-dumping and anti-subsidy investigations on foreign PV products, and has provided relief measures for the US domestic industry. For example, the re-initiation of safeguard measures investigation will be an abuse of trade remedy measures and domestic industries. Overprotection. Since then, Chinese PV companies have issued a strong boycott statement, calling on the US government not to abuse trade protection measures. After the announcement of ITC, China Photovoltaic Industry Association, China Chamber of Commerce for Import and Export of Mechanical and Electrical Products and the American Solar Energy Industry Association immediately issued a statement to firmly resist.
If the "201" clause is implemented, the United States will become the region with the highest selling price of solar products worldwide. It not only sets the threshold for the entry of overseas companies, but also allows distributors, upstream product manufacturers, and photovoltaic manufacturers in the United States to withstand higher costs.
The first to bear the brunt is the Chinese PV industry. According to documents released by the WTO on May 28, the United States has notified the remaining 163 member states of the WTO that it will impose an emergency “guarantee†tariff on imported solar cells one step ahead. This means that the US's intention to restrict the development of global PV production capacity is very obvious. It is also very direct to attack China's PV industry, but this time it has been the "supplier" of the global PV supply chain.
As of May 31, Asian forces, which account for more than 90% of global PV products, opposed the launch of the “201†survey. Zhu Xiangshan, president of the Asian Photovoltaic Industry Association, said: "The technological upgrading and industrial development of the Asian photovoltaic industry in the past decade has made important contributions to reducing the cost of photovoltaic power generation and promoting the progress of the global photovoltaic industry. Artificially setting trade barriers cannot protect the development of the country's industry. â€
How likely is it to withdraw the lawsuit?
Under the principle of WTO free trade, countries can still formulate appropriate protection policies, and the US version of the protection policy is the "201" clause.
EnergyTrend analyst Cai Yuwei explained that there are three necessary conditions for the establishment of the “201†clause: confirming the increase in foreign imports, confirming the market share or decline in production of domestic products, and finally confirming that the former two are indeed relevant and causing damage. That is to say, the key to whether the "201" clause is enabled is that it only needs to determine whether there is "damage". Is there a withdrawal path? If so, how likely is it to withdraw the lawsuit?
"With reference to the 'double-reverse' case, there is almost no suspense in launching the '201' clause." According to legally informed sources, "the ruling power is ultimately in the hands of President Trump, but he does not take measures to have certain uncertainty. After all, it is a personal will. But from the perspective of his personal speech and ruling, the probability of cutting 'damage' is over 90%. This is not related to his lack of interest in renewable energy and the political tendency to oppose global trade integration. ."
Let the "201" clause continue to ferment not only the huge market that may lose 15 GW per year in the United States, but also other mysteries hidden in it.
It is understood that Suniva's major shareholder is China's PV investment company listed in Hong Kong - Shunfeng Clean Energy Group, which accounted for 63.13% of the shares. It can initially prevent the "201" case from the company level, but the downwind clean energy group at that time The announcement stated that Suniva is a JV (Joint Investment) company and the actual operation is controlled by the creditor SQN.
According to the law insider, the Shunfeng Clean Energy Group, which has a shareholding ratio of more than 50%, has the right to decide to withdraw the lawsuit from the subsidiary and prevent the investigation of the “201†regulations from continuing. Although Suniva filed for bankruptcy, it does not mean that the company has pledged its equity to SQN. Now that Suniva is not completely bankrupt, it means that the liquidation of the entire company has not been given to creditors, and the development of the situation is still under control of the clean energy group. But obviously, the addition of SolarWorld has pushed the case to an irreversible level.
At the time of bankruptcy, a number of PV companies represented by Solyndra of the United States have asked US courts to claim compensation for $1.5 billion and $950 million from Suntech, Yingli and Tianhe. Suniva and SolarWorld may also adopt this strategy. In order to achieve alternative claims. "Forcing the world, especially most PV companies in China, to pay for the failure of a company's investment operations, this is the most difficult for everyone to accept." A photovoltaic leading company executives said.
By avoiding trade barriers, we can accelerate the orderly development of clean energy. The “201†clause will lead to a comprehensive upgrade of global PV trade friction, and it is the best policy to seek solutions to promote the competitiveness of the US solar cell and component manufacturing industry.
A stone provokes a thousand waves. On April 26, the US photovoltaic company Suniva declared bankruptcy and immediately filed an application for the “201†clause with the US International Trade Commission (ITC) to impose trade sanctions on all solar photovoltaic products not manufactured in the US and set a minimum import. price. If it is activated, it will cause the global PV industry chain to oscillate, and its influence and destructive power on global PV will far exceed the previous "double opposition".
ITC officially accepted Suniva's complaint on May 23, stating that it will launch a "201" clause investigation, with the goal of "whether the specific amount of crystalline silicon solar cells imported into the United States (and some or all of them assembled into other products) will indeed cause damage to the domestic industry. Damage or threat."
According to the operation procedure of the “201†clause, the damage judgment will be announced 120 days after the application date on May 17, 2017, that is, September 14, but the ITC has determined that the project is “extremely complicated†and is expected to be delayed until September. The results were announced on the 22nd and announced by Trump before November 13.
A wave of waves has risen again. On May 25th, SolarWorld, which had just declared bankruptcy, supported Suniva as a co-petitioner. As a German photovoltaic manufacturing giant, SolarWorld is regarded as a “single†in the European and American solar supply chains, and sometimes a wave of trade wars against China's photovoltaics in Europe and the United States. The addition of SolarWorld made the case more complicated, and its founder and CEO, Frank Asbeck, still insisted on blaming the bankruptcy of its own companies on the bankruptcy of Chinese PV manufacturers.
"We have launched anti-dumping wars in Europe and the United States, but dumping has intensified. Chinese companies have adopted methods to transfer manufacturing to neighboring countries and bypass the anti-dumping policies of Europe and the United States," Frank Asbeck said.
Or cause the global PV giant earthquake compared to the "double-reverse" clause, the "201" clause as the basic clause of the US trade relief system operating mechanism, more random and "killing." If Suniva and SolarWorld's application is approved, it means that the global PV trade war will be fully upgraded.
"Double-reverse" is a trade policy that all countries have. It is ruled by the US Department of Commerce that for the import of a country, the import damage comes from an unfair price advantage. The “201†clause is unique to the United States and authorizes the President to take action. For all countries’ imports, import damage comes from fair but excessive foreign competition.
“China PV still accounts for less than 5% of global share in 2010,†Hu Dan, senior analyst at IHS, gave data analysis from the manufacturing side. She said, “In 2016, China’s PV market share increased to 40%, from silicon materials, The global production capacity of silicon wafers and crystalline silicon modules and the share of China's production capacity, the proportion of each segment of the production capacity is over 50%, especially the silicon segment reaches about 80%, which is why other countries need to trade war."
SolarWorld was once the world's second largest solar power plant, but because of the unfunded production costs and financial pressure, the industry believes that its bankruptcy will happen sooner or later. At this time, SolarWorld declared bankruptcy, and the most worrying thing is that it will affect the trend of the "201" case.
A spokesperson for the Chinese Ministry of Commerce said that in recent years, the United States has launched anti-dumping and anti-subsidy investigations on foreign PV products, and has provided relief measures for the US domestic industry. For example, the re-initiation of safeguard measures investigation will be an abuse of trade remedy measures and domestic industries. Overprotection. Since then, Chinese PV companies have issued a strong boycott statement, calling on the US government not to abuse trade protection measures. After the announcement of ITC, China Photovoltaic Industry Association, China Chamber of Commerce for Import and Export of Mechanical and Electrical Products and the American Solar Energy Industry Association immediately issued a statement to firmly resist.
If the "201" clause is implemented, the United States will become the region with the highest selling price of solar products worldwide. It not only sets the threshold for the entry of overseas companies, but also allows distributors, upstream product manufacturers, and photovoltaic manufacturers in the United States to withstand higher costs.
The first to bear the brunt is the Chinese PV industry. According to documents released by the WTO on May 28, the United States has notified the remaining 163 member states of the WTO that it will impose an emergency “guarantee†tariff on imported solar cells one step ahead. This means that the US's intention to restrict the development of global PV production capacity is very obvious. It is also very direct to attack China's PV industry, but this time it has been the "supplier" of the global PV supply chain.
As of May 31, Asian forces, which account for more than 90% of global PV products, opposed the launch of the “201†survey. Zhu Xiangshan, president of the Asian Photovoltaic Industry Association, said: "The technological upgrading and industrial development of the Asian photovoltaic industry in the past decade has made important contributions to reducing the cost of photovoltaic power generation and promoting the progress of the global photovoltaic industry. Artificially setting trade barriers cannot protect the development of the country's industry. â€
How likely is it to withdraw the lawsuit?
Under the principle of WTO free trade, countries can still formulate appropriate protection policies, and the US version of the protection policy is the "201" clause.
EnergyTrend analyst Cai Yuwei explained that there are three necessary conditions for the establishment of the “201†clause: confirming the increase in foreign imports, confirming the market share or decline in production of domestic products, and finally confirming that the former two are indeed relevant and causing damage. That is to say, the key to whether the "201" clause is enabled is that it only needs to determine whether there is "damage". Is there a withdrawal path? If so, how likely is it to withdraw the lawsuit?
"With reference to the 'double-reverse' case, there is almost no suspense in launching the '201' clause." According to legally informed sources, "the ruling power is ultimately in the hands of President Trump, but he does not take measures to have certain uncertainty. After all, it is a personal will. But from the perspective of his personal speech and ruling, the probability of cutting 'damage' is over 90%. This is not related to his lack of interest in renewable energy and the political tendency to oppose global trade integration. ."
Let the "201" clause continue to ferment not only the huge market that may lose 15 GW per year in the United States, but also other mysteries hidden in it.
It is understood that Suniva's major shareholder is China's PV investment company listed in Hong Kong - Shunfeng Clean Energy Group, which accounted for 63.13% of the shares. It can initially prevent the "201" case from the company level, but the downwind clean energy group at that time The announcement stated that Suniva is a JV (Joint Investment) company and the actual operation is controlled by the creditor SQN.
According to the law insider, the Shunfeng Clean Energy Group, which has a shareholding ratio of more than 50%, has the right to decide to withdraw the lawsuit from the subsidiary and prevent the investigation of the “201†regulations from continuing. Although Suniva filed for bankruptcy, it does not mean that the company has pledged its equity to SQN. Now that Suniva is not completely bankrupt, it means that the liquidation of the entire company has not been given to creditors, and the development of the situation is still under control of the clean energy group. But obviously, the addition of SolarWorld has pushed the case to an irreversible level.
At the time of bankruptcy, a number of PV companies represented by Solyndra of the United States have asked US courts to claim compensation for $1.5 billion and $950 million from Suntech, Yingli and Tianhe. Suniva and SolarWorld may also adopt this strategy. In order to achieve alternative claims. "Forcing the world, especially most PV companies in China, to pay for the failure of a company's investment operations, this is the most difficult for everyone to accept." A photovoltaic leading company executives said.
By avoiding trade barriers, we can accelerate the orderly development of clean energy. The “201†clause will lead to a comprehensive upgrade of global PV trade friction, and it is the best policy to seek solutions to promote the competitiveness of the US solar cell and component manufacturing industry.
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