China Solar Products: Commerce Issues Final AD Determination
The Commerce Department issued its final determination in the antidumping duty investigation on crystalline silicon photovoltaic products from China (A-570-010) (here). The agency made changes to the scope of the investigation, and will no longer require importer certifications for subject merchandise.
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The next step is for the International Trade Commission to make its final injury determination, currently scheduled for Jan. 29. If the ITC finds injury, Commerce will issue an AD duty order and duties will be made permanent. If the ITC finds no injury, the investigation will be terminated and all cash deposits will be refunded.
(Commerce also issued a final determination in its concurrent CV duty investigation on solar products from China (see 1412220016).)
Changes to Scope; Withdrawal of Certification Requirement
In its final determinations, Commerce modified the scope of the antidumping and countervailing duty investigations on solar products from China, adding the following sentence (as well as conforming changes):
"For purposes of this investigation, subject merchandise includes modules, laminates and/or panels assembled in [China] consisting of crystalline silicon photovoltaic cells produced in a customs territory other than [China]."
Commerce said importer certification requirements are no longer necessary in light of the change to the scope. However, although it is revoking certification requirements for the AD/CVD investigations on solar products from China, importer certifications will still be required for imports subject to the AD/CVD orders on solar cells from China issued in 2012.
Estimated AD Cash Deposit Rates
Commerce will instruct CBP to continue to suspend liquidation of solar products from China entered on or after July 31, and require an AD duty cash deposit equal to the following AD rates (producer-exporter combinations not listed in the final determination are subject to the China-wide rate):
| Exporter | Producer | AD Rate |
|---|---|---|
| Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science & Technology Co., Ltd. | Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science & Technology Co., Ltd. | 26.71% (from 26.33%) |
| Renesola Jiangsu Ltd./Renesola Zhejiang Ltd./Jinko Solar Co. Ltd./Jinko Solar Import and Export Co., Ltd. | Renesola Jiangsu Ltd./ Jinko Solar Co. Ltd. | 78.42% (from 58.87% |
| Investigation average rate | 52.13% (from 42.33%) | |
| China-wide Rate | 165.04% |
Average rate companies. Commerce assigned an average rate to 43 producer-exporter combinations that proved independence from Chinese government control but weren't individually reviewed. See the notice for a full list of companies subject to the 52.13% rate.
Adjustment for export subsidies. Commerce says it will adjust AD duty cash deposit rates downward for Chinese companies to account for export subsidies found in the agency's concurrent CV duty investigation on China. Any adjustment will only take place if the ITC finds injury and Commerce issues a CV duty order on solar products from China.
(The period of investigation is 04/01/13 -- 09/30/13. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 14073011 for summary of the preliminary determination of this investigation.)
AC/CVD Operations contact -- Jeffrey Pedersen (202) 482-2769
(Federal Register 12/23/14)