China Solar Products: Commerce Issues Final CV Determination, Modifies Scope
The Commerce Department issued its final affirmative countervailing duty determination on crystalline silicon photovoltaic products from China (C-570-011) (here). Suspension of liquidation is currently not in effect for entries on or after Oct. 7, and Commerce will only require cash deposits of estimated CV duties on future entries if it issues a CV duty order.
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(Commerce also issued a final affirmative determination in the companion antidumping duty investigation (see 1412220018).
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.
CV Susp/Cash Deposit thru Oct. 7
Commerce will instruct CBP to continue the suspension of liquidation of entries from June 10, 2014, through Oct. 7, 2014.
CV Liq Reinstated and No CV Cash Deposit as of Oct. 8
Commerce previously instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits or bonds for subject merchandise entered on or after Oct. 8, the expiration date of the "provisional measures" period during which Commerce can suspend liquidation without a CV duty order in place.
CV Liq to be Suspended Again & CV Cash Deposit Required if Order Issued
Commerce will issue a CV duty order, reinstate the suspension of liquidation, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the International Trade Commission issues a final affirmative injury determination (due by Jan. 29).
| Company | CV Rate |
|---|---|
| Wuxi Suntech Power Co., Ltd. | 27.64% (from 35.21%) |
| Changzhou Trina Solar Energy Co., Ltd. | 49.79% (from 18.56%) |
| All Others | 38.72% (from 26.89%) |
(Note that there is no CV duty liability, and no CV duties will be assessed, on entries during the "gap period" of Oct. 8 until the date an ITC final affirmative injury determination is published in the Federal Register.)
(The period of investigation is 01/01/12 -- 12/31/12. See Commerce's notice for more information, including the scope of the order, detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See 14060914 for summary of the preliminary determination of this investigation.)
AD/CVD Operations contact -- Gene Calvert (202) 482-3586
(Federal Register 12/23/14)