12-022377 SuaTE caPrOL, ‘commas POBox oH ‘omicuutune ‘SACRAMENTO, Ch 81219.00 InPrRoPRUTIONS. tate) are BUSIESS AND PROFESSIONS ax a16) 5024 SGovenNienTaL ORGANIZATION Pusue sare ‘sas SOUTH EL CAMINO REAL UTE 202 priser ‘hu elorecaoLocy cients Ae pectoris fe iia. ey eres sh MELEE SPEED MAL FOR CALIFORNIA Shana aise coe January 23, 2012 7 John Bryson Secretary, United States Department of Commerce 1401 Constitution Avenue Northwest Washington Dear Secretary Bryson: | write to bring your attention to an important issue that could have a very signified inipact on California and the entire solar industry in the United States. Just as solar power has truly arrived, a serious threat to America’s vibrant solar industry and the important progress we have made toward achi ing energy independence and a cleaner environment has now emerged. ‘The issue at hand involves a German-owned company called SolarWorld, which has filed a petition with the U.S. Department of Commerce requesting that the U.S. impose tariffs of over 150 percent on some imported solar panels. The devastating impact of these tariffs would be felt immediately in the U.S. solar industry, which has experienced unprecedented job growth as the price of solar energy has fallen. The industry now employs more than 100,000 Americans, with a growth rate of 6.8 percent last year, nearly 20 times higher than the national average. Over the next 12 months, the growth rate is anticipated to be nearly 24 percent. Much of this growth has occurred in California, which was ranked first in the United States for solar jobs in 2011. The solar industry in California has grown by almost 30 percent, and now ‘Area and headquarters or have sign Broyides some.25,575,jobs,. with.over.3,500-companies.associated-with:the.industry-—in-the.Bays—= icon Valley alone, where many solar companies have now located their global ant operations in the region, the solar industry is responsible for helping to grow and improve California's economy. This remarkable progress was made possible by the significant drop in the cost of solar panels as the new affordability of solar energy — driven in part by competitive prices — sparked the growth in businesses, investments and jobs. In fact, between 2006 and 2011, as solar module prices fell 40 percent, total demand increased eightfold. The huge price increase SolarWorld’s petition seeks would immediately reverse this trend and cost thousands of jobs in the solar workforce. Moreover, billions of dollars of renewable energy contracts would be jeopardized by higher prices, including $11 billion for projects planned in 2012, putting even more jobs at risk. Praag on Royo PaperIn addition, the imposition of extreme tariffs would also very likely trigger a larger trade war with China that would result in retaliatory tariffs against US solar exports to China, US solar exports to China alone totaled $1.6 to $1.9 billion last year, with net exports to China of some $400 million. A trade war would put these solar and other exports — and thousands of American jobs — at risk. Finally, dramatic increases in tariffs will set back significant U.S. achievements in protecting the environment and increasing energy independence. While solar energy has been unable to compete economically in the past, lower prices have now allowed solar energy to increase as a percentage of U.S, energy generation. This progress will all be lost if prices go up in an industry highly sensitive to cost. A dramatic increase in tariffs would immediately make solar energy much less viable in the U.S. energy market and would undermine progress made through the oor aeenethiving.competitive domesticaMath hem eo mens gS re ee With so much at stake, I respectfully ask that you express these concerns with President Obama and his administration, and ask them to actively engage in seeking a fair and reasonable resolution of this case through a negotiated settlement that protects American jobs, our environment and the future of solar power. ‘Thank you for your consideration of this request,£700, | uuven srares oepanrmenr oF commence £ lz * | invernatonal rene aaminareaion _ 4 ASSISTANT SECRETARY FON RAPT ADMINISTRATION He tena | Washington, D, 20220 ‘The Honorable Jerry Hill Assembly California Legislature State Capitol P.O, Box 942849 Sacramento, CA 94249-0019 Dx w Assemblymember Hill ‘Thank you for your letter to Secretary John Bryson regarding the ongoing antidumping duty (AD) and countervailing duty (CVD) investigations of imports of crystalline silicon photovoltaic cells (sotar cells) from the People’s Republic of China (China). As the lmpoxt Administration is the ‘agency within the Depariment of Commerce (Department) that is responsible for administering and enforcing the AD and CVD laws, Secretary Bryson asked me fo addvess your concems. I appreciate the opportunity to address this important matter: ions may have on the Tunderstand your concems regarding the impact these investi American solar workforce. When presented with properly filed AD or CVD petitions, the ¥equires the Department of Commerce (Department) (o determine whether imports are being sold in the U.S. market af less than fair value or unfairly subsidized. ‘The Department will consider all information submitted on the record of these investigations, and is currently due to announce its preliminary CVD and AD determinations on March 20 and March 28, 2012, respectively. The U.S. International Trade Commission (ITC) is responsible for the companion investigations, determining whether an industry in the United States is being materially injured or threatened with material injury by the subject imports. If both the Department and the ITC make affirmative final determinations, the Department will issue AD and CVD orders on solar cells from China, Ieither the Department or the ITC makes a negative determination, the investigations will be terminated and eash deposits will be refunded. The Obama Administration is fully committed to enforcing our trade laws and to addeess unfair trade practices in accordance with our statutes, regulations, and obligations in oer to help censure that U.S. firms and workers have the opportunity (o compete on a level playing field. 1 assure you that the investigations will be conducted in an open and transparent manner and that we will carefully consider parties’ comments, including those of the domestic industry, before making ur determinations, Ifyou have any further comments or questions, please fect free to contact me or Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, at 202- 482-5497. Sincerely, Paul PiqusdoPee eS China Chamber of international Commerce TN OEE ~3 PS: 43 October 22, 2011 To Mr. John Bryson, OS EXECUTIVE SEcRETaRIAT Secretary Department of Commerce United States of America Subject: Investigation against Chinese Solar Energy Companies Dear Mr. Secretary, Yesterday | learned thal several U.S, solar cell manufacturers had fled a petition to the U.S. Department of Commerce and International Trade Commission in order to faunch an anti-dumping and ant-aliowance investigation on Chinese-made solar cells (panels), ‘As the Vice Chairman of China Chamber of International Commerce (CCOIG) and the Chairman of China Energy Conservation and Environmental Protection Group, I deeply regret this action of the U.S. business: cice. Last year, the United Steelworkers Union (USW) flied a petiton to conduct investigation against Chinese wind energy industry under Section 301, and this time the investigation is against solar energy industry, another type of China's new energy industry. AS @resul of trade protectionism, the cooperation between U.S. and Chinese companies within new ‘energy industry has been damaged. ‘As the global economy, especially the European economy, deteriorates, the global ‘new energy industry nas seen great damage, with no exception from the U.S. and China. | am fully aware of the difficulties facing the U.S. solar cell companies, as my company Is facing the same situation; nevertheless, itis my duty to point out that the business activiies between the U.S. and China is under the taw of the market, not to ‘say that in China most of the companies in solar energy industry are public companies and private companies. To vigorously promote solar industry in China confimms to the concept of energy conservation and emission reduction, and it serves as an important solution to realize {he sustainable development of global environment and complies with WTO principles. Chinese solar cell manufacturers including my company serve as a main contnibuting factor of global energy conserving and emission cutting business by cost reducing ‘and technology upgrading based on innovation and international cooperation. China Energy Conservation afd Environmental Protection Group has maintained tong-term cooperation with the U.S. enlerprises. | fee! that in an overall perspective, the U.S. and Chinese companies have complementary advantages. We should W-0A1b2‘consider any actions based on overall benefits for global energy saving activities. The U.S. has advantages in new energy R&D and high-end manufacturing technologies, while in China, the new energy market has been greatly expanded. CCOIC is more ‘han happy fo introduce American advanced technologies and products into Chinese ‘markel so 28 to benefit U.S. to create more job opportunities; atthe same time we are also encouraging Chinese companies to invest in the U.S. new energy industry. Under the current situation, if the U.S. Oepartment of Commerce and International ‘Trade Commission are to take action to limit Chinese new energy products, it will negatively affect both Chinese and U.S. solar industry, even the global solar industry. As far as my understariding goes, the export volume of the U.S, solar manufacturing row material and devices accounts for much more than its import of Chinese solar calls, which means i Chinese solar cells fail to enter U.S. market due to taxation measures, the U.S. export to China will also be affected, the consequence of which will be a double-loss, | hold that both the U.S and China can take three measures to solve the dificulties at present and in the fulure, which are as follows. 1. To establish a long term communication mechanism and conduct consultations. regularly on possible frictions with respect to new energy industry development ‘and product sales so as lo achieve a win-win situation. 2. The U.S. and Chinese government should promote dislogues and consultations between solar business associations in both countries. 3, The U.S. should ease export restrictions and investment investigations against Chinese companies. CCOIC is willing to work with the U.S. Federal Government, business associations and stale govemmenls to help Chinese companies Inthe U.S. new energy industry Both the U.S and China are shouldering great responsibilties to lead global economy recovery and have the obligation to maintain international trade order and fair cooperation. On behalf of Chinese new energy enterprises and member companies of CCOIC, | sincerely hope that you and the U.S. business cicle can take further ‘measures to maintain fair trade and avoid extra tax on Chinese solar cells, It is my sincere wish that our effort can bring benefits o both our companies. Best regards, La - fi Wang xiaokang Vice Chairman of CCOIC Chatman of China Energy Conservation and Environmental Protection GroupCc.: Mr Ron Kirk, the U.S, Trade Representative Mr. Steven Chu, the United Slates Secretary of Energy ‘Mr. Thomas Donohue, President and CEO of the U.S. Chamber of Commerce ‘Mr. Mubtar Kent, Chairman of United States-China Business CouneilUNITED STATES DEPARTMENT OF COMMERCE International Trade Administration ‘ASSISTANT SECRETARY FOR IMPORT ADMINISTRATION ‘Waetington, O.C. 20250 en BEC 29 2 ay Mr. Wang Xiaokang Vice Chairman of CCOIC Chairman of China Energy Conservation and Environmental Protection Group 1 Fuxingmenwai Street Beijing, China 100860 Dear Vice Chairman Wang: ‘Thank you for your letter to Secretary John Bryson regarding the petition requesting antidumping duty (AD) and countervailing duty (CVD) investigations of imports of crystalline silicon photovoltaic cells (solar cells) from the People’s Republic of China (China). As the Import ‘Administration is the agency within the Department of Commerce (Department) that is responsible for administering and enforcing the AD and CVD laws, Secretary Bryson asked me to address your concerns. AfRer careful scrutiny of the petitions to ensure they met necessary statutory requirements (including sufficient industry support, evidence of dumping or subsidies, and a demonstration of injury caused by the unfairly traded imports), on November 8, the Department announced the initiation of AD and CVD investigations of imports of solar cells from China. Thereafter, on December 2, the U.S. International Trade Commission preliminarily determined that these imports are materially injuring the domestic industry. Currently, the Department is scheduled to issue its preliminary CVD and AD determinations in February and March 2012, respectively. Please be assured that the investigations will be conducted in an open and transparent manner, and that we will carefully consider interested parties? ‘comments, including those of the Chinese industry and government, before making our determinations. ‘The United States is amenable to discussing the opportunities and challenges our companies face when exporting clean energy technologies to China. The United States welcomes Chinese and other investment in the U.S. solar industry and we expect the same openness to U.S. investment in China's growing solar industry. If you have any further comments or questions, please feel free to contact me or Chris ‘Marsh, Deputy Assistant Secretary for AD/CVD Operations Import Administration, at (202) 482-5497 Sincerely, how Carbine isan Kuhbach, ActingTrinasolar ‘The power behind the pane! January 20, 2012 ‘VIA OVERNIGHT MA\ ‘The Honorable John Bryson Secretary United States Department of Commerce 1401 Constitution Avenue, N.W. Washington, DC 20230 Dear Secretary-Bryson:-——— =.» Tewas a pleasure to meet with you during your recent visit to Beijing. I_was very interested to learn about President Obama's commitment to initiatives like Select USA and: meetings like these help to promote better understanding and collaboration between businesses in our respective countries. ‘As we discussed, Trina Solar Ltd. is a-top tier international solar panel manufacturer with regional offices in San Jose, California, Trina Solar is traded on the New York Stock Exchange (NYSE:TSL) and we have operated in the United States for over four years. We have developed strong relationships with our United States equipment and material manufacturers and we ate strong advocates of free and fair trade. We also believe that working together we can bring the sustainable benefits of clean and innovative solar energy products and services to residential, commercial and utility scale customers in the United States and throughout the world In recent years, China and the United States have made great progress in promoting and growing the solar industry. As you know, the solar industry has been a bright spot in the United States economy and the world. In 2010, alone, solar exports from the United States to China totaled $1.6 to $1.9 billion, with net exports to China of some $400 million. Trina Solar Ltd. (Ha) No. Tianhe Road, Trina PV Industrial Park, New District, Changzhou, Jiangsu, PR.China 213031 T, #86 519.8517 6806 F: +86 519 8517 6023 E: jifan caoa@trinasolar.com 19-22.5964 gTrinasolor ‘The power behind the panel Thus, it is imperative that I bring to your attention the crippling impact that Solar World’s alleged antidumping and countervailing duty (AD/CVD) petitions are having on the United States solar industry. Ata time when the United States solar industry is experiencing unprecedented job growth and solar power is becoming increasingly compatible with other forms of energy, this Solar World trade case is already impeding access to capital and has the very real potential to jeopardize billions of dollars of renewable energy projects, contracts and jobs, For these reasons, I respectfully suggest that itis imperative that our respective governments ‘work together to find a reasonable solution to the AD/CVD cases. Clearly these discussions are important for both governments, but, believe that a positive outcome is achievable. Sincerely, svrn Jifan Gao Chief Executive Officer Trina Solar Ltd. Trina Solar Ltd. cH) No 2 . Tianhe Road, Trina PV Industral Park, New District, Changzhou. Jiangsu, PR.China 213031 T: +86 519 8517 6806 F. #86519 8517 6023, E: ifan.gao@trinasolar.International Trade Administra Jul 3-208 KS JP | Miocinn bo 20s80 ® Unive sTaTes nEPARTMEMT OF COMMERCE Jifan Gao Chief Executive Officer Trina Solar Ltd. No. 2 Tianhe Road, Trina PV Industrial Park, New District Changzhou, Jiangsu, PRC 213031 Dear Mr, Gao: ‘Thank you for your letter regarding the ongoing antidumping duty (AD) and countervailing duty (CVD) investigations of imports of crystalline silicon photovoltaic cells (solar cells) from the People’s Republic of China. As Import Administration is the agency within the Department of ‘Commerce (Department) that is responsible for administering and enforcing the AD/CVD laws, 1 am pleased to address your concerns, AAs you are aware, the Department announced its CVD and AD preliminary determinations on March 20 and May 17, respectively. In both investigations all interested parties, including Changzhou Trina Solar Energy Co., Ltd. and Trina Solar (Changzhou) Science & Technology Co., Lid. (collectively “Trina Solar”), were given the opportunity to submit information relative to the issues of subsidization and dumping. Further, all parties have or will be given the opportunity to ‘comment on the preliminary determinations, file case and rebuttal briefS addressing issues of concern, and request a hearing on the issues. Hearings have been requested in both the AD and CVD investigations, the dates for which have yet to be determined. The Department will fully consider all information submitted on the record of these investigations, and is currently due to announce its final AD and CVD determinations in these investigations on October 10, 2012. Please be assured that the Department conducts investigations in full accordance with our statute, regulations, and obligations, and in an open and transparent ‘manner. Finally, let me address the point raised in your letter about the effect the AD/CVD investigations may be having on the U.S. domestic solar industry. These cases were, in fact, initiated based on petitions properly filed by U.S. solar cell producers seeking relief from allegedly unfairly-traded Chinese solar cells. Having satisfied all statutory requirements, the Department, in accordance with U.S. law, is now conducting these investigations. If-you have any further questions or concerns, please feel free to contact me or Barbara E. Tillman, Senior Director Office 6, for the CVD investigation, at (202)-482-5213 or Abdelali Elouaredia, Director Office 4, for the AD investigation, at (202)-482-1374. Sincerely, Christian Marsh, Deputy Assistant Secretary for AD/CVD Operations12-0 2S 00 &- 8 26 Small Steps Solar 44 Tuatara Rd. oper Island, WA’ 15 May, 2012 NES B03 US. Department of Commerce 1401 Constitution Ave., NW Washington, D.C. 20230 Dear Secretary John E. Bryson, US Department of Commerce, ‘As owners of a US company, Small Steps Solar, Ltd., we wish to reglster our disappointment and ‘frustration with the punitive import tariffs that the US Department of Commerce has imposed on solar prodiicts tmaniifactired in China. Because ofthe way the law I written, thie products we sell are unfairly targeted and the bond requirements are especially burdensome to small companies like ours. (Our company Imports to the US high quality solar powered LED lamps made by the company Barefoot Power, an Australian company with a factory in China, We are not aware of a comparable “made in the USA product. Barefoot Power lamps are used in millions of homes in developing countries as ‘replacements for kerosene lighting. Here in the US, our markets are strong ‘among the rural poor, especially Native Americans in rural areas on reservations where who need reliable lighting because they lack electricity In thelr homes. (Our most popular lamp, the Firefly mobile has a 1.5 watt solar panel. The solar panel Is tiny ~ slightly smaller than two iPhones side by side. The power production is so small that it would take 1000 of these wired together to power a typical two-sice toaster. The solar panel is hundreds of . {times smaller in surface area and power output of a typical solar panel used in rooftop or solar farm installations. Yet the taxis Imposed onus. And worse, because the Solar age 1 Fret Motie win 15 Panel is packaged in the same box with the lamp, we are assessed a punitive watt solar panel tom, and cal ~“x’on the Entire Broduet 7 Soo phone charging acessories —— lwhev3u93s 3A one i ixKe8e ‘Another popular product, especially on the Navajo reservation, Is the 5- watt Barefoot Power 5 watt Powapack. This unit has a solar panel about the size of a typical textbook, and provides a low-cost solar home lighting system with four LED lights. It takes a lot of S watt solar panels to add up to the significant wattage that the US solar industry is concemned about. Again, because the high quality LED lights and battery Figure2: Swatt Powapackhome pack are included in the same box as the solar panel, we are assessed a Mehting system duty on the entire product.ts le nie ccc teecatcustes ‘Atthis point, the duty of several percent sa significant burden. But the requirement to post a bond for 100% of our wholesale orders, with no guarantee that we will See our money returned, makes business for us impossible, ‘We ask thatthe Department of Commerce re-evaluate Its ruling and exempt all solar products with solar ‘panels 5 watts and smaller (or 50,000 mm’). Solar panels this small are impractical for use in solar farms ‘and on rooftop solar electric systems, but allow products like this one fiat provide essential lighting servieesforthepoorinthe USA. | Best regards, . Chin Nyemen * | uNtreD STATES DEPARTMENT OF COMMERCE a i International Trade Administration Washington, 0.C. 202: Jul - 3 22 Chris Greacen Small Steps Solar, Ltd 44 Tuatara Road Lopez Island, WA 98261 Dear Mr. Greacen: ‘Thank you for your letter regarding the ongoing antidumping duty (AD) and countervailing duty (CVD) investigations of imports of crystalline silicon photovoltaic cells olar cells) from the People’s Republic of China (China). As Import Administration is the agency within the Department of Commeree (Department) that is responsible for administering and enforcing the AD/CVD laws, I am pleased to address your concerns. I appreciate the impact the AD/CVD investigations on solar cells brought by the U.S. domestic industry may have on small companies and importers such as yours. When presented with a properly filed AD or CVD petition, however, the law requires the Department to determine whether imports are being sold in the U.S. market at less than fair value or are unfairly subsidized, ‘The Department will consider all information submitted on the record of these investigations, and is currently due to announce its final AD/CVD determinations on October 10, 2012. The U.S. International Trade Commission (ITC) is responsible for the companion investigations, determining whether an industry in the United States is being materially injured ‘or threatened with material injury by the subject imports. If both the Department and the ITC make affirmative final determinations, the Department will issue AD and CVD orders on solar cells from China. If either the Department or the ITC makes a negative determination, the investigations will be terminated and cash deposits will be refunded. In your letter, you ask that the Department “re-evaluate its ruling and exempt all solar products with solar panels 5 watts and smaller (or $0,000 mm’).” The scope of the investigations, as proposed by the U.S. domestic solar cells industry, and as adopted by the Department, is a matter considered in the context of the investigations. Parties were invited to comment on the scope of the investigations early in the proceeding and parties have the ‘opportunity to comment on the preliminary determinations and file case and rebuttal briefs addressing issues of concer, Any comments must be filed on the record of the proceedings in accordance with the Department's regulations. As a general matter, we note that if the domestic industry expresses a lack of interest in certain products being included, or if the ITC determines that certain products are not causing, or threatening to cause, material injury to the industry under consideration, the scope of an investigation may be revised. assure you that the Department conducts its proceedings in an open and transparent ‘manner and that we will carefully consider parties’ comments before making our determinations.Ifyou have any further questions or concerns, please feel free to contact me or Barbara E. Tillman, Senior Director Office 6, for the CVD investigation, at (202)-482-5213 or Abdelali Elouaradia, Director Office 4, for the AD investigation, at (202)-482-1374. Sincerely, Ct und Christian Margh Deputy Assistant Secretary for ADICVD Operations$202 3056 SOLAR POWER INDUSTRIES 440 Jonathan Willey Road Belle Vernon, PA 15012 USA www.solarpowerindustrles.com February 23, 2012 ‘The Honorable John E, Bryson Secretary of Commerce U.S. Department of Commerce 14th Street and Constitution Ave. NW. Washington, D.C. 20230 ayrevizwaas 3A1LN93x3 $0 Dear Secretary Bryson: 1 am writing to address an important decision facing the Commerce Department in its anti-dumping and countervailing duty investigations of solar cells and modules from the People's Republic of China. I am writing on behalf of Solar Power Industries, Inc. We are a domestic producer of solar cells or modules, and we strongly support the petition and this investigation T understand that Commerce is now deciding whether the scope of the case will cover solar cells made in China and assembled into modules in a third country, as well as modules made in China from cells that may be manufactured in another country. It is very important to my company that the scope of these investigations be defined as broadly as possible, given the harm that the Chinese solar cell and module industries are causing to my company and the domestic industry. Over the last year Solar Power industries, Inc. has seen a decrease in demand for our solar products due the below cost import products. Solar Power Industries, Inc. has decreased workforce over the past year from a high of 400 ‘employees to the current 60 person workforce. in order to stop the unfair trade practices, any remedy that the Commerce Department adopts must cover not only cells and modules, butSOLAR POWER INDUSTRIES 440 Jonathan Willey Road Belle Vernon, PA 15012 USA www solarpowerindustries.com also Chinese modules made from third-country cells, as well as Chinese cells made into modules in a third country. Commerce should define and enforce the scope of a case in a way that matches the intent of the domestic industry. I can assure you that has always been our intent to cover all of these illegally traded products. All modules coming out of China should be covered, even if they contain cells made in another country. China subsidizes both its solar cell and module industries, and we are forced to compete with both. Given its huge export capacity, which far exceeds demand, China can injure us either with dumped and subsidized cells or dumped and subsidized modules. For the same reasons, itis very important to cover Chinese solar cells, even if they are manufactured into a module in a different country. Any action Commerce takes will have no benefit unless it stops China's ability to circumvent the order through third countries. For a company like ours, Commerce's scope decision will determine whether solar manufacturing jobs and production will be added here in the United States, or in another country such as Taiwan, Canada, or Mexico. Therefore, your scope decision will have a clear, immediate impact on US. jobs and U.S. companies, including my company. ‘Thank you for your consideration. If you have any questions regarding these matters, please do not hesitate to contact us.SOLAR POWER INDUSTRIES 440 Jonathan Willey Road Belle Vernon, PA 15012 USA Wwww.solarpowerindustries.com John Hepple V.P. Operations Solar Power Industries, Inc. Mt Pleasant, PennsylvaniaUNITED STATES DEPARTMENT OF COMMERCE International Trade Administratic Washington DC 20230. MAR 29 2012 John Hepple Vice President Operations Solar Power Industries Inc, 1001 Technology Drive Mt, Pleasant, PA 1566 Dear Mr. Hepple: ‘Thank you for your letter to Secretary John Bryson regarding the scope determination in the ongoing antidumping duty (AD) and countervailing duty (CVD) investigations of imports of crystalline silicon photovoltaic cells (solar cells) from the People’s Republic of China (China). As Import Administration is the agency within the Department of Commerce (Department) responsible for administering and enforcing the AD and CVD laws, Secretary Bryson asked me to address your concerns. | appreciate the impact these investigations and the breadth of the scope in these cases may hhave on you and your business. On March 19, 2012, after careful consideration and analysis of the comments received from interested parties on this matter, the Department issued a scope clarification in both the AD and CVD investigations. I have attached to this letter a public version of the memorandum containing the clarification. Specifically, the Department conducted a substantial transformation analysis to determine whether the processes performed in a third country are of such significance as to require the resulting merchandise to be considered the product of the country in which the processing occurred, ‘The Department found that solar module assembly does not substantially transform solar cells such, that it changes the country of origin. As a result, the Department determined that solar module/panels produced in a third-country from cells produced in the PRC are covered by the scope of the investigations; however, modules/panels produced in the PRC from cells produced in a third- Country are not covered by the scope of the investigations. Although the scope clarification request ‘sought to cover both types of assembly scenarios, to do so would have reflected a country of origin analysis based on internally inconsistent, if not conflicting standards. ‘The Department recently announced its preliminary CVD determination on March 20, and is currently due to-announce its preliminary AD determination on May 17. Interested parties have the opportunity to submit case briefs on the scope clarification and all other issues in the preliminary determinations, and to request a hearing. ‘The Obama Administration is committed to vigorously enforcing our trade laws in accordance with our statutes, regulations, and obligations in order to help ensure that U.S. firms and workers have the opportunity to compete on a level playing field. 1 assure you that these investigations are being conducted in an open and transparent manner and that we will carefully consider parties’ comments before making our final determinations.Mr. John Hepple Page 2 Ifyou have any farther questions or concems, please feel free to contact me at (202) 482-5497. Sincerely, Christian Mars Deputy Assistant Secretary for AD/CVD OperationsAdrienne Waite ee Ryan Mulholland Wednesday, October 17, 2012 1251 PM Dana Griffies Adrienne Waite RE: Breakfast with A/S for Eneray Efficiency and Renewable Energy, David Danielson, Dept of Energy Attachments: Briefing Paper (AS Danielson Breakfast) v2.doc Importance: High Sorry | was not aware that you had reached out to Adam for information on the meeting. The breakfast with A/S Danielson will be Tuesday, October 23" at Old Ebbitt Grill. We submitted a draft briefing paper to the tasker system this morning, Here is what we drafted; iti sitting in the MAS front office now. If you IA has additional comments, let me know and we can add those. Ryan Mulholland Renewable Energy Trade Specialist US. Department of Commerce (202) 482-4693 From: Dana Griffies ‘Sent: Wednesday, October 17, 2012 12:49 PM To: Ryan Mulholland Ce: Adrienne Waite ‘Subject: FW: Breakfast with A/S for Energy Efficiency and Renewable Energy, David Danielson, Dept of Energy Hey Ryan, | never heard back from Adam. Do you have any additional info regarding this meeting? We may need to provide “if raised” solar cells input. Thanks, Dana From: Dana Griffies ‘Sent: Thursday, October 11, 2012 4:57 PM To: Adam OMalley Cc: Adrienne Waite ‘Subject: FW: Breakfast with A/S for Energy Efficiency and Renewable Energy, David Danielson, Dept of Energy HiAdam, Do you have an agenda for this? 1A may have some input to provide depending on the issues to be discussed. Thanks! Dana 1 Communications 202-482-3023From: Joe Holecko [mailto:Joe.Holecko@mail,doc.cov) Sent: Thursday, October 11, 2012 10:32 AM To: Brian Beall; Clarissa David; Kevin Gluba; ODG; Alysha Taylor; Gabriel Soledad; John Andersen; Kate Innelli; Tyler Shields; Maureen Smith; Rachel Krushinski; Renee Carter; Sylvia Prosak; Terry Labat; Todd Valentine; Laura Marquez; Tipten Troidl; Gregory Bell; Lorri Crowley; Mara Lee; Mary Trupo; Lesley Elouaradia; Melissa Nitsch; Valerie McNeill; Joe Holecko; Adam Wilezewski; Carleton Shephard; Iris Ferguson; Jeanette Harrison; Michael Masserman; Parker Sheedy; Phu Huynh; Dana Griffies; Adrienne Waite; Samantha Biondo; Sherry Smith Subject: U/S: Breakfast with A/S for Energy Efficiency and Renewable Energy, David Danielson, Dept of Energy ‘ODUS Request for Materials ‘Tracking No: 2012-01056 Created: 10/11/2032 10:29 AM From: Joe Holecko elpal: Under Sec Event: U/S: Breakfast with A/S for Energy Efficiency and Renewable Energy, David Dani Date/Time: Tue Oct 23, 2012 at 08:00-09:00 AM Location: oid ebitt Geil Prebrief: 0 78D Action/Request: Briefing Paper Due to ODUS: Thu Oct 18, 2012 at 05:00 PH Unit Lead: MAS ‘Adam oMalley Staff Contact: ‘CLEARANCE: IMPORTANT INFORMATION - PLEASE READ! Prior to submission to ODUS, please obtaln OGC clearance by sending materials to OCCIC@dac.aov, and include OGC ‘on the concurrence sheet. Please also obtain clearance from other offices and departments as appropriate and include the respective contacts) ‘on the concurrence sheet, Drafter is responsible for confi‘ming the agenda withthe outsice party. Please contact {your Unt tasker coordinator Ifyou have any questions about drafter responsiilties or procedures. ‘Thank you. All templates can be found on ITA Centr http://itacentral/ita/odus/Pages/default.aspx 10/11/2012 10:29:07 AMBreakfast with Assistant Secretary of Energy David Danielson Tuesday, October 23; 8-9 a.m. CONTEXT YOU will have breakfast with David Danielson, Assistant Secretary for Energ} Efficiency and Renewable Energy (EERE) at the Department of Energy (DOE) Assistant Secretary Danielson has launched a Clean Energy Manufacturing Initiative and co-chairs the TPCC Working Group on Renewable Energy and Energy Efficiency with Assistant Secretary Lamb-Hale. His staff has worked closely with ITA to implement the Renewable Energy and Energy Efficiency Export Initiative (RE4I) and to improve the requirements associated with DOE research, development, and demonstration grants, ensuring that DOE grants result in U.S, manufacturing jobs. Assistant Secretary Danielson called the meeting to elevate the already-existing partnership between our two agencies in support of USS. clean energy competitiveness. NEI Rele * The meeting supports the Renewable Energy and Energy Efficiency Export Initiative, specifically; and the competitiveness of the U.S. clean energy industry, in general. KEY OBJECTIVES «Emphasize DOE’s support for the Renewable Energy and Energy Efficiency Export Initiative and the development of a strong, export-ready USS. clean energy industry. DOE’s International Policy Office has co-chaired the TPCC Working Group on RE&EE with ITA since its creation in 2009. Upon Assistant Secretary Danielson’s appointment, DOE shifted their co-chair role to the EERE office based on his passion for U.S. competitiveness. Under his leadership, DOE has committed money to the National Renewable Energy Laboratory (NREL) to facilitate interagency objectives in support of the RE4I, €.g., project and technology assessment, a buyers’ guide of U.S. RE&EE technologies, and a review of MAS’ Market Intelligence Briefs. DOE has also increasingly ensured its focus on international activities is more closely aligned with the U.S. competitiveness objectives. SENSITIVE AND PRIVILEGED: DO NOT COPY WITHOUT PERMISSION«Note ITA’s support for DOE’s stronger requirements for recipients of DOE grants that encouraging manufacturing in the United States. ITA worked with DOE, NIST, and USTR to develop grant requirements that would provide tax-payers greater assurances that technology developed using DOE money would ultimately be manufactured in the United States. Assistant Secretary Danielson’s leadership and your involvement in a White House-led meeting helped to create an interagency agreement that will impact all EERE grants going forward and maintain consistency with U.S. trade obligations globally. © Inquire how ITA can help with Assistant Secretary Danielson’s Clean Energy Manufacturing Initiative, noting ITA’s strong support. For years, DOE’s clean energy R&D agreements, deployment initiatives, and other activities worldwide occurred without regard to ongoing trade disputes or the decline of American manufacturing capacity. This has significantly shifted since the launch of the RE4I, and Assistant Secretary Danielson’s new Clean Energy Manufacturing Initiative only increases the agency's commitment to USS. jobs and exports. The initiative is designed to identify areas of distinct U.S. advantage within the clean energy supply chain and to tailor R&D investments towards those technologies that can sustain long-term U.S. manufacturing. ITA strongly supports this effort. IF TIME PERMITS 1. Note the upcoming release of the RE4I Annual Review, highli work of the TPCC Working Group on RE&EE in implementing the REI. ITA has worked with its TCC Working Group on RE&EE (co-chaired by Assistant Secretary Danielson) partner agencies to develop a second annual review of the RE4I. The document highlights the work of each agency in implementing the initiative. You could suggest that the two of you highlight the success of the initiative to stakeholders on the Hill as an example of the NEI moving forward successfully, particularly in key sectors like clean energy. x . Encourage DOE participation in upcoming ITA-led clean energy events, including a potential trade mission to Japan and a RE&EE trade policy mission to Chile. ITA is recruiting a RE&EE policy roundtable delegation to support DOE’s Energy Policy Dialogue with the Government of Japan in December. ITA hopes the roundtable is a precursor to a RE&EE trade mission SENSITIVE AND PRIVILEGED: DO NOT COPY WITHOUT PERMISSIONto Japan in February, which would benefit from DOE participation. Additionally, ITA will lead a RE&EE trade policy mission to Chile in April 2013 that is similar to the trade policy mission you led to Mexico City in September 2011. Because policy is so important to the competiveness of the REQEE sector, DOE's participation as technical experts provides an important benefit for these types of trade events. is is a private breakfast. SET UP: Private table at the Old Ebbitt Grill, 675 15th Street, NW. PARTICIPANTS ITA Department of Energy Under Secretary Sanchez David Danielson Assistant Secretary of Energy Efficiency and Renewable Energy Attachment: Biographic Information NEI Quad Charts Draft RE4I Annual Review SENSITIVE AND PRIVILEGED: DO NOT COPY WITHOUT PERMISSIONAssistant Secretary for Energy Efficiency and Renewable Energy Dr. Danielson leads the Office of Energy Efficiency and Renewable Energy (EERE) within the U.S. Department of Energy (DOE). As Assistant Secretary, Dr. Danielson oversees a broad energy portfolio that is intended to hasten the transition to a clean energy economy. Previously, Dr. Danielson was the first Program Director hired by DOE's Advanced Research Projects Agency-Energy (ARPA-E). At ARPA-E, Dr. Danielson developed and led R&D programs with a budget of more than $100 million that focused on high-risk, high-reward, disruptive clean energy technologies. Prior to joining ARPA-E, Dr. Danielson was a clean energy venture capitalist at General Catalyst Partners, a Boston-based venture capital fund. He co-founded the firm's clean energy investment practice and helped build and grow startups in various clean energy technology areas including solar power, wind power, advanced biofuels, bio-gas, carbon capture and storage, and advanced lighting. Dr. Danielson was a co-founder of the New England Clean Energy Council He has authored more than 20 scientific articles in the field of advanced materials. While at the Massachusetts Institute of Technology (MIT), Dr. Danielson was the founder and President of the MIT Energy Club and a founding Director of the MIT Energy Conference. For his work in building a strong multidisciplinary energy community at MIT, he was awarded the Karl Taylor Compton Prize, MIT's highest student award. Dr. Danielson holds a B.S., summa cum laude, in Materials Science and Engineering from the University of California, Berkeley and a Ph.D. in Materials Science and Engineering from the Massachusetts Institute of Technology. SENSITIVE AND PRIVILEGED: DO NOT COPY WITHOUT PERMISSIONNOISSIWUAd LNOH.LIA AdOD LO} (e102 1udy) uossius Aayod apen sa¢3u ou) -€ (etoz Arensqo4) vows open aa@ay uederjenuoiog -z (202 s9qu2n0N) Auewa5 07 vorssww apen paygien 3383u 1 TOHOWOETPSESAD RYO SY OMI JO.BSEDIY & (o1up pue uecer sfaua aval rersvewuop wer "11404 Soiqesaniap soyod 3334 mau down sopued 8 wy) wauag yey A8:9U9 ueDp uy swuaunsenu! gaW/aveS ‘uonsod quawiusan09 ABP 943 Pea} o2 anUAUOD 0d :daDaARId GNV dALLISNaS ‘s2un}iedap J4615 Om JO ynsa4 ese Payers-JOYs sUeWaSI3z0-S¥N ‘annnadwsoo Ajeqoys e doranap 03 papaau | 243 szadwey AtuleNa2un JayOd aysawog Svaamizeynuew Busseay ang ‘ssawunsuco 'anss1 Ajddns sano Bue} s\axJeW J2}0s pue pUIA, & ]UMayAIP Suodul/syodxe Buppen SaxeU eLeD AyjendJO He « San ‘sone oum © Bune, ABuseanuisi onaszy ay « Bua}/eup [ead Ow! SBuRWoLIOYS Ansnput ‘Suiwiny ‘vonensuiwpy aur 0 pant ABSOP Se paMayA UayO S| 20199539 9uL seiBojouyser ABaua ue>} 34) U pve voHenouUl w aBeueRpe: ulUD Us SLY UeDHeWY 103 SuONDaI0s4 ud PUE 8121995 BPE! B2UEAPE OF BNLINUOD TSEOAPY uossus edd 0 ave aouaBitanuy ra y0WN sv pousiand — (2x02 Hy ‘9feH “qwe1 S/¥ Aq pal) eigesy Ipnes 01 uoIssi apesy AauaDY)3 A8J0U3 pue ABU, ues * VOHOWOIGTYSeTANO (210 aun) suonepuewwosss mau Tr paounoWUe aawyuIWOD AOSAPY 27BIU & (202 Ann) aaz1wwop Mosnoy 3383y pOOUEIDOY + (2102 489020) AIS PAVUN Ut dey S| SuLMIIepNUEW auNsua ‘ox sivawsinbas qwei8 uo wisn pue 300 vaaMIaGIUaUA—-Me aeNOBoU odio 102 4899120) 831 Ag panoudde ay 03 Loss J3ua|5Mou-9 pue [eu04 sru0dS J3RIUSBEUEW & (2102 may U1 ergesy pes) stayseus 3H ABy 0 SuoHsS apEN 34 pea ‘0495 pue sinpoid 245/140 H1a]9s pue suokng AUN 4eH99 64 SYOYD woROWONd apeR a>uEyU3 sa|qeapuno pue suorssu A PUD "eaUyy qiN0S ‘eIg “esaUOpUI A gape scopy + Srouodye ALaua 2jqemousi “sf 105 HEU MoU ud “Rasnpuy ey oonewsojar a YeU WeYORUH OF SOpINB sfag 22v06H 214) faye seMWas OO a2 + 109 Arosipy 3383Y J8UEYD2y + njuiwon AsosinoY 33938 PED] + Ansnpu 34 S'0 2p uum voneUpIo0 9s uayABUEAS Sepuae 24x yum Apmas spacsoxg doy AB,av3 agOMaLEy WaUIa;Euh « ‘Aovapayga ABsouRy AB:0U3 ajqemauay uo dnos5 BuMpOM ID4L pe] 1P 01 sieugam 504 _AijeoiBavenas 101285 34 242 u! apen Bjoword 03 Aouadeaw} areuipi9e)Dana Gritfies Thursday, October 18, 2012 9:53 AM Ryan Mulholland Adrienne We RE: Breakfast with A/S for Energy Efficiency and Renewable Energy, David Danielson, Dept of Energy Attachments: Briefing Paper (AS Danielson Breakfast) v2 IA Input.doc Hi Ryan, Sorry for the delay. Below is what IA would like to provide. I’ve also included it in the attached. Let me know if should send this directly to ODUS. ‘Thanks! Dana IF Raised Solar Cells + Emphasize the Department’s determinations in the countervailing (CVD) and antidumping duty (AD) investigations of solar cells from China are the culmination of 1 investigative process, administered in accordance with U.S. trade laws, regulations and our international obligations, following the required procedures and timing. Commerce conducted these investigations in an open and transparent manner with full opportunity for parties, including the Government of China, to comment on the record. * Commerce announced its affirmative final determinations in the CVD and AD investigations on October 10, 2012, Commerce determined that Chinese producers/exporters have sold solar cells in the United States at dumping margins ranging from 18.32 to 249.96 percent. Commerce also determined that Chinese producers/exporters have received countervailable subsidies ranging from 14.78 to 15.97 percent. On November 23, 2012, the USS. International Trade Commission (ITC) will determine whether Chinese solar cells are causing, or threatening to cause, material injury to the U.S. solar cell industry. If the ITC makes an affirmative determination, Commerce will issue AD and CVD orders to U.S. Customs and Border Protection (CBP); if not, the cases will be terminated and no duties will be collected. From: Ryan Mulholland Sent: Wednesday, October 17, 2012 12:51 PM To: Dana Griffies Ce: Adrienne Waite Subject: RE: Breakfast with A/S for Energy Efficiency and Renewable Energy, David Danielson, Dept of Energy Importance: High