China and Taiwan Solar Products: Details of AD Duty Orders
The Commerce Department issued antidumping duty orders on crystalline silicon photovoltaic products from China and Taiwan (A-570-010, A-583-853). The orders detail a "gap period" of Jan. 27 - Feb. 9 of no AD duty liability.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
With the issuance of this order, AD duties on solar products from China and Taiwan become permanent, and can only be ended under certain conditions, like a sunset review or a changed circumstances review. Commerce will now begin conducting annual administrative reviews on exporters of subject merchandise, if requested, to determine final assessments of AD duties on importers and make changes to AD duty cash deposit rates.
Gap Period of No AD Suspension of Liq or AD Duties for Jan. 27 - Feb. 9
For these investigations, the six-month provisional measures period for which the AD suspension of liquidation may remain in effect before the order is issued began on July 31 (the date of the preliminary determination) and ended on Jan. 27.
As the International Trade Commission's final affirmative injury determination wasn't published until Feb. 10, Commerce is instructing CBP to terminate AD suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of subject merchandise entered on or after Jan. 27, and through Feb. 9 (the gap period).
(For subject merchandise entered from July 31 through Jan. 26, suspension of liquidation and AD duty liability remains in effect.)
AD Suspension of Liq Instructions
Suspension of liquidation resumes for all entries of subject merchandise entered on or after Feb. 10, the date that the final ITC affirmative injury determination was published.
AD Cash Deposit Instructions
An AD cash deposit requirement is also in effect for subject merchandise entered on or after Feb. 10. Commerce will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the AD duty rates listed below:
China:
| 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% |
| 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% |
| Investigation average rate (for 43 producer-exporter combinations) | 52.13% | |
| China-wide Rate | 165.04% |
(Commerce said it will adjust these rates for export subsidies found in the concurrent CV duty investigation on solar products from China, "where appropriate.")
Taiwan:
| Producer/Exporter | AD Rate |
|---|---|
| Gintech Energy Corporation | 27.55% |
| Motech Industries, Inc. | 11.45% |
| All Others | 19.5% |
Commerce's notice for China is (here), and for Taiwan is (here).
ITC final injury determination (Federal Register 02/10/15) is available (here).
(See notice for additional details, including the full scope description, etc. See 1501220012 for summary of the ITC's final affirmative injury vote, 1412220018 for summary of Commerce’s final determination on China, and 1412220021 for summary of the final determination on Taiwan.)
AD/CVD Operations contact -- Jeff Pedersen (202) 482-2769; Charles Riggle (Taiwan) (202) 482-0650
(Federal Register 02/18/15)