Gregory Husisian Discusses Antidumping and Countervailing Duties in Solar

Foley & Lardner LLP partner Gregory Husisian offers insight on antidumping and countervailing duties (AD/CVD) affecting the solar industry in the Solar Power World article, “Unique AD/CVD case brings imported solar racking into spotlight.”

“In order to bring a case, you have to have standing, and you have to show that you represent at least 25% of the U.S. industry and 50% of anyone who expresses an opinion on it,” said Husisian, co-chair of Foley’s International Trade and National Security Practice, said of petitions for AD/CVD investigations. “At the very start, there’s a requirement that it be filed on behalf of the U.S. industry producing the same product, and the orders result, generally, in fairly high duty rates.”

While the U.S. solar industry is familiar with duties imposed on industry-specific products, Husisian explained that this latest case has “a very odd order, a very complicated scope, because it’s based on how the product is made rather than the physical product.”

“That’s why it covers so many different things…because it’s based on a production process to reflect the fact that you can squeeze the aluminum out into, basically, whatever form you want,” he added.