Why US Is Taking Heavy Hand with Chinese Solar Companies

Published in People's Daily
(China) on 12 October 2012
by Luo Lan (link to originallink to original)
Translated from by Nathan Hsu. Edited by Laurence Bouvard.
Chinese solar exports have fallen under the shadow of a U.S. winter as never seen before. On the morning of October 11, just after 5 a.m. Beijing time, the U.S. Commerce Department issued a ruling determining that Chinese exports of crystalline silicon photovoltaic cells and components were being subsidized and dumped on the U.S. market, and that it would levy heavy anti-dumping and anti-subsidy tariffs on solar cells and panels imported from China. Chinese Ministry of Commerce spokesman Shen Danyang stated that China was extremely dissatisfied with the final ruling, and that the U.S. Commerce Department was adopting unfair tax measures which would harm both U.S. and Chinese exporters, as well as American consumers.

Imposing High Tariffs on Chinese Manufacturers

As early as October of last year, fast-growing Chinese solar enterprises had already fixed their gaze on foreign competitors. On October 19, seven U.S. solar manufacturers, represented by an Oregon-based subsidiary of Germany's SolarWorld, filed a petition against the subsidization and dumping activities of 75 Chinese solar companies. The petition alleged that China's government provided excessive subsidies for solar products, causing U.S. solar cell manufacturers to close operations. In May of 2012, the U.S. Commerce Department made a preliminary ruling, levying a 2.9 to 4.73 percent countervailing duty on Chinese solar products, as well as anti-dumping tariffs of at least 31.8 percent. This time, it has made its final ruling on the case.

The Commerce Department's decision was to levy an 18.32 to 249.96 percent anti-dumping tariff and 14.78 to 15.97 percent countervailing duty on Chinese solar cells. The anti-dumping measure was not significantly altered from the preliminary ruling, but the countervailing duty saw a large increase, reaching 14.78 to 15.97 percent.

According to U.S. trade remedy procedures, apart from the Commerce Department, the U.S. International Trade Commission is required to make a final ruling. By our understanding, the U.S. International Trade Commission has very rarely overturned decisions on tariffs in the past. If the ruling passes, the U.S. will request that customs collect the high anti-dumping and anti-subsidy tariffs for all related Chinese solar products.

Containing China to Protect U.S. Companies

The U.S. deciding in the end to come down heavy-handed on Chinese companies is primarily an effort to protect and develop its own new energy industry. During an interview with Bai Ming, deputy director of the Department of International Market Research at the Ministry of Commerce's Chinese Academy of International Trade and Economic Cooperation, he observed that after the global financial crisis, the U.S. began a process of reindustrialization in an effort to develop its real economy. Obama expressed a desire to make contributions to clean energy, among which they have placed particular importance on the solar industry. However, as U.S. solar companies' production factor costs are high, while China's manufacturers have a competitive advantage in economies of scale and low production costs, the U.S. firms are unable to compete. Meanwhile, oil prices have begun to fall from the last spike, the U.S. has once more developed a new source of energy which can replace oil on a large scale and solar energy usage is in constant flux as it runs counter to oil prices, causing difficulties for U.S. solar companies. The U.S. has shifted the blame for these problems onto Chinese solar manufacturers.

Shen Danyang argued that the U.S. increasing trade friction by sending protectionist signals to the entire world and obstructing the development of new energy runs counter to the rest of the globe's united efforts to deal with the challenges of climate change and energy security, and also violates the G-20 pledge against adopting new protectionist policies. In reality, the U.S. and China closely cooperate in the field of clean energy; the two are already inextricably linked. Levying anti-dumping and anti-subsidy tariffs on Chinese solar products will also harm U.S. raw material and equipment exporters, as well as U.S. consumers.

Other experts have pointed out that there are political considerations behind these measures. The general election is around the corner; the U.S. government is instituting these measures to cater to the portion of voters who wish to contain China and thus win their votes.

Utilize Systematic Methods to Proactively Respond

Harming others is not beneficial to oneself; the U.S. anti-dumping and anti-subsidy policies towards China will have a negative impact on U.S. businesses. Kevin Lapidus, senior vice president of Sun Edison, North America's largest solar energy services provider, said in a statement that the U.S. getting involved in a trade war with China over the solar energy industry does not agree with the interests of U.S. firms, particularly small and medium enterprises. He added that taxing Chinese-produced solar cells and panels will raise the costs of installing and utilizing solar energy, which will come as a heavy blow for many small and medium enterprises and possibly result in the loss of positions for employment.

As to the punitive measures, Bai Ming believes that China should establish a set of systematic methods for dealing with the U.S. For example, during negotiations, both the government and businesses should be represented to proactively respond to the allegations. The U.S. cannot be allowed to proceed freely with these measures, or Europe will follow suit. Aside from fighting the measures, China must also place checks on U.S. products entering the Chinese market in response and raise the cost of abuses in international trade. If China's retaliatory actions this time have bite, Europe will be extremely cautious about imposing punitive duties on Chinese solar products.

Bai Ming also suggested that domestically, China should implement three changes and three improvements: The first change is that it must do away with the past reliance of its solar companies on exports, and instead invest and build plants overseas; second, it should not only export to the U.S. and Europe, but also to other countries with abundant solar resources; and third, China should change its reliance on foreign markets and instead develop its domestic market. At the same time, China must improve in several areas. First, it should purchase products related to these measures against China from other countries; second, it must move its solar industry more towards the high end; and third, it must use this opportunity to restructure the industry and eliminate spare production capacity on the low end.


中国输美光伏产品遭遇前所未有的寒冬。美国商务部在北京时间10月11日凌晨5时多作出终裁,认定中国向美国出口的晶体硅光伏电池及组件存在倾销和补贴行为,将对从中国进口太阳能板与太阳能电池产品征收高额的“双反”关税。商务部新闻发言人沈丹阳对此表示,中方对裁决结果表示强烈不满,美国商务部采取不公正的征税措施,将损害中美双方出口商及美消费者利益。

对中国企业课以高关税

早在去年10月,发展日益壮大的中国光伏企业就被国外同行盯上了。2011年10月19日,以德国太阳能企业SolarWorld俄勒冈州的子公司为代表的美国7家企业,向中国75家光伏企业提出双反起诉书,起诉说中国政府对于光伏产品补贴力度过大,导致美国光伏电池企业倒闭。2012年5月,美国商务部做出初裁决定,向中国太阳能光伏产品征收介于2.9%—4.73%的反补贴税,还要另外征收31.8%最低反倾销税。此次,是对该案件作出的终裁。

美国商务部终裁对中国输美太阳能电池征收18.32%—249.96%的反倾销税和14.78%—15.97%的反补贴税。其中18.32%—249.96%的反倾销税与初裁相差不大,而反补贴税则大幅增至14.78%—15.97%。

按照美国贸易救济程序,除美国商务部外,这一结果还需美国国际贸易委员会作出终裁。据瞭解,美国国际贸易委员会过去很少驳回课税的决定,如果终裁通过,美国就会要求海关对中国的相关光伏产品征收高额的“双反”关税。

遏制中国以保护本土企业

美国对中国企业最终下狠手,主要是为了保护和发展本土新能源企业。商务部国际贸易经济合作研究院国际市场研究部副主任白明在接受本报记者采访时分析说,国际金融危机后,美国开始搞再工业化,要发展实体经济,奥巴马表示要在清洁能源方面作出贡献,其中光伏产业是他们看重的亮点。但美国光伏企业生产的要素成本高,中国的光伏企业具有规模优势,要素成本也低,他们竞争不过中国企业。同时,前一阵石油价格冲高,现在降下来一些,美国又发展了一种很大程度上能替代石油的新能源,油价高的时候用太阳能的多,油价低的时候用太阳能的少,这种情况使美国光伏企业的日子有些不好过。美国把这些问题都嫁祸于中国光伏企业。

沈丹阳表示,美国在新能源领域挑起贸易摩擦,向全世界发出了贸易保护主义和阻碍新能源发展的消极信号,与全球共同应对气候变化和能源安全挑战的大趋势背道而驰,也与20国集团首脑会议关于不采取新的贸易保护主义措施的承诺相违背。实际上,中美在清洁能源领域合作密切,已形成“你中有我,我中有你”的局面,对中国太阳能电池产品征收反倾销和反补贴税,也将损害美原材料和设备出口商以及美消费者利益。

另有专家指出,“双反”背后还有政治原因:时值大选,美国政府通过对华“双反”来迎合部分选民遏制中国的意愿以赢得选票。

采用系统方法积极应对

损人不利己,美国对华“双反”也给美国企业带来负面影响。北美地区最大的太阳能服务供应商——Sun Edison公司副总裁凯文·拉皮杜斯表示,美国在光伏产业方面与中国打贸易战不符合美国企业,尤其是中小企业的利益。他表示,在对中国产太阳能电池板征收关税之后,将提高安装和使用太阳能的成本,这对许多中小企业来说是很大的打击,可能会因此流失就业岗位。

针对美国的制裁,白明认为应建立一套应对美国的系统方法。比如,对外谈判时,政府企业都要出面,要积极应诉,不能让美国无代价对华进行“双反”,否则欧洲将来也会效仿。除应诉外,还要对美国进入中国市场的产品进行反制,要增加他们滥用国际贸易的成本,如果中国这次反制措施有力,欧洲对中国光伏产品制裁时就会慎重。

白明还建议,对内,要实现三个转变和三个改进:一是改变过去光伏企业靠出口贸易的状况,要到境外投资设厂;二是改变过去主要出口欧美的状况,也要向其他太阳能资源丰富的国家出口;三是改变过去依靠国外市场的状况,要发展国内市场。同时,还要改进方式,一是从其他国家采购一些涉及对华“双反”的产品;二是将光伏产业向高端改进;三是借这次机会进行产业洗牌,消除低端领域的过剩产能。
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