Commerce published its final AD/CVD rates in the investigations of crystalline silicon photovoltaic cells and modules from China on October 17, 2012. The two major producers/exporters were Trina Solar Energy, which received an AD margin of 18.32 percent and a CVD rate of 15.97 percent, and the Wuxi Suntech Power companies, which received an AD margin of 31.73 percent and a CVD rate of 14.78 percent. Other Chinese producers/exporters received an averaged AD margin of 25.96 percent and an averaged CVD rate of 15.24 percent. The International Trade Commission (“ITC”) will vote on November 7, 2012 to determine whether there is injury or threat of injury to the domestic industry.

A major issue before Commerce was whether cells produced in countries other than China, but which are assembled into modules in China, are covered by the duties. Commerce determined that these “third-country” cells were not covered even when the cells were made from silicon wafers produced in China. Thus, many analysts believe that the investigations will have a limited trade impact, because Chinese producers will simply outsource the cell production. To be exempt from duties, exporters of modules from China are required to certify that the modules do not contain cells made in China.