On June 18, 2026, a coalition of United States solar manufacturers (the Petitioner) requested that the Department of Commerce initiate a country-wide anti-circumvention inquiry into imports of crystalline silicon photovoltaic (CSPV) cells, and modules containing such cells, completed or assembled in South Korea. Like the Southeast Asia (Auxin) circumvention inquiry and the recent Ethiopia circumvention inquiry, this request alleges circumvention of the existing antidumping and countervailing duty (AD/CVD) orders on CSPV cells and modules from China.
The Petitioner alleges that South Korean producers, and in particular one major South Korean solar manufacturer and its affiliates, are completing or assembling CSPV cells in South Korea using predominantly Chinese-origin inputs, most notably silicon wafers, and then exporting the resulting cells (or modules containing such cells) to the US to avoid the duties that would otherwise apply under the China CSPV orders. The Petitioner asserts that South Korean solar manufacturers are not producing key upstream inputs (polysilicon, ingots or wafers) in South Korea, and are, instead, are sourcing those inputs from Chinese suppliers. The Petitioner further contends that South Korea lacks an integrated upstream solar supply chain, with no meaningful polysilicon, ingot or wafer production facilities, and that South Korean producers retain only modest downstream cell conversion facilities, supporting a finding that the processing performed in South Korea is “minor or insignificant.” In support of this theory, the Petitioner cites trade data showing that South Korean CSPV cell imports to the US grew from under 2 percent of total US CSPV cell imports (valued at approximately US$6.8 million) to, at times, over 64 percent in recent years, and that South Korean imports exceeded 3.2 GW in 2024, valued at approximately US$581.2 million.
The Petitioner requests that the inquiry be conducted on a country-wide basis covering all producers and exporters in South Korea. The proposed scope of this new inquiry is consistent with the scope of the China AD/CVD orders and prior circumvention proceedings in this space—it covers CSPV cells, whether or not assembled into modules and excludes thin film photovoltaic products made with amorphous silicon (a-Si), cadmium telluride (CdTe) or copper indium gallium selenide (CIGS)
While the petitions have been filed, and have now become public, Commerce has not yet officially initiated an inquiry. Commerce generally has 30 days from the date a request is filed (if not extended) to decide whether to initiate, in this case, by approximately July 18, 2026. Given the pattern of prior CSPV circumvention determinations and Commerce’s stated recent practice of conducting country-wide third-country circumvention inquiries in this space, we consider it likely that Commerce will initiate an inquiry. Once it does, the inquiry will follow the following statutory timeline:
- Within 150 days of initiation (extendable to a maximum of 240 days), Commerce will issue a preliminary determination.
- Within 300 days of initiation (extendable to a maximum of 365 days), Commerce will issue a final determination.
The Petitioner has also requested that, in the event of an affirmative circumvention finding, Commerce implement a certification program similar to the one used in Auxin, through which importers would certify whether they are in or out-of-scope of the finding, or if they qualify as exempt due to the supplier and/or supply chain used to manufacture the cells
If Commerce ultimately makes an affirmative circumvention finding, CSPV cells from South Korea that contain specified Chinese-origin content would become subject to the same AD/CVD duty rates that apply to Chinese-origin products under the existing China orders. The specific rate applicable to a given shipment would depend on the identity of the underlying Chinese wafer or other component supplier
We will be monitoring this action closely and will provide updates as appropriate
Contacts
Stefan H. Reisinger
Partner
Emailstefan.reisinger@nortonrosefulbright.com
T:+1 202 662 4512
Claire Huitt
Associate
Emailclaire.huitt@nortonrosefulbright.com
T:+1 202 662 4532
Kelly Zhang
Associate
Emailkelly.zhang@nortonrosefulbright.com
T:+1 202 662 0213
Recent publications
US manufacturers seek AD/CVD for South Korean solar cells and modules
United States solar manufacturers requested the Department of Commerce initiate a country-wide anti-circumvention inquiry into imports of CSPV cells, and modules containing such cells, completed or assembled in South Korea
Publication
Preemption: OCC says crypto trust bank needs no state MTL
The OCC issued an interpretive letter on June 16, 2026 that reinforces the primacy of the national bank charter over state licensing laws
Publication
Beyond the Buzzword: Blended finance – myths and realities from a practitioner’s perspective
Blended finance is widely used but is frequently misunderstood or applied imprecisely across loan markets
Site search
Subscribe and stay up to date with the latest legal news, information and events . . .
