Message body
Full text as published by U.S. Customs and Border Protection
1.
Commerce does not automatically conduct administrative reviews of antidumping duty orders.
Instead, reviews must be requested pursuant to section 751(a)(1) of the Tariff Act of 1930, as amended, and in accordance with 19 CFR 351.213.
2. As discussed in paragraphs 2 and 3 of Message No. 2158303, dated 06/06/2012, Commerce considers modules, laminates, and panels produced in a third country from subject crystalline silicon photovoltaic cells (solar cells) produced in the People's Republic of China (China) to be covered by the scope of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (A-570-979) (AD Order).
However, modules, laminates, and panels produced in China from solar cells produced in a third country are not covered by the scope of the AD Order.
Since importers may import modules, laminates, or panels produced in a third country from subject solar cells produced in China and this merchandise may have a non-Chinese country of origin for Customs' purposes, third-country case numbers have been established to allow such merchandise to be properly claimed as subject merchandise upon entry.
3.
Commerce has not received a request for an administrative review of the above-referenced antidumping duty order on China with respect to third-country firms or Chinese firms related to third-country company-specific case numbers for the period and on the merchandise identified below except for the firm(s) listed in paragraph 4.
Therefore, in accordance with 19 CFR 351.212(c), you are to liquidate all entries for all firms except those listed in paragraph 4 and assess antidumping duties on merchandise entered, or withdrawn from warehouse, for consumption at the cash deposit rate in effect on the date of entry.
Liquidate all entries for the following third-country case numbers except as noted in paragraph 4 below:
Country: Argentina
Case Number: A-357-988
Country: Australia
Case Number: A-602-988
Country: Austria
Case Number: A-433-988
Country: Belgium
Case Number: A-423-988
Country: Cambodia
Case Number: A-555-902
Liquidate all entries under this case number except those noted in paragraph 4 below.
Country: Canada
Case Number: A-122-988
Liquidate all entries under this case number except those noted in paragraph 4 below.
Country: Croatia
Case Number: A-479-988
Country: Czech Republic:
Case Number: A-435-988
Country: Denmark
Case Number: A-409-988
Country: France
Case Number: A-427-988
Country: Germany
Case Number: A-428-988
Country: Hong Kong
Case Number: A-582-988
Country: Hungary
Case Number: A-437-988
Country: India
Case Number: A-533-988
Country: Israel
Case Number: A-508-988
Country: Italy
Case Number: A-475-988
Country: Japan
Case Number: A-588-988
Country: Republic of Korea
Case Number: A-580-988
Country: Lithuania
Case Number: A-451-988
Country: Malaysia
Case Number: A-557-988
Liquidate all entries under this case number except those noted in paragraph 4 below.
Country: Mexico
Case Number: A-201-988
Country: Netherlands
Case Number: A-421-988
Country: New Zealand
Case Number: A-614-988
Country: Norway
Case Number: A-403-988
Country: Philippines
Case Number: A-565-988
Country: Poland
Case Number: A-455-988
Country: Portugal
Case Number: A-471-988
Country: Russia
Case Number: A-462-988
Country: Singapore
Case Number: A-559-988
Country: Spain
Case Number: A-470-988
Country: Sweden
Case Number: A-401-988
Country: Switzerland
Case Number: A-441-988
Country: Taiwan
Case Number: A-583-988
Country: Thailand
Case Number: A-549-988
Liquidate all entries under this case number except those noted in paragraph 4 below.
Country: Turkey
Case Number: A-489-988
Liquidate all entries under this case number except those noted in paragraph 4 below.
Country: United Kingdom
Case Number: A-412-988
Country: Uruguay
Case Number: A-355-900
Country: Socialist Republic of Vietnam
Case Number: A-552-988
Liquidate all entries under this case number except those noted in paragraph 4 below.
4.
Entries of merchandise of the firms listed below should not be liquidated until specific instructions are issued.
Continue to suspend liquidation of all entries of merchandise produced and/or exported by the listed firms entered, or withdrawn from warehouse, for consumption during the period 12/1/2020 through 11/30/2021:
Country: Cambodia
Chinese solar cell exporter: BYD (Shangluo) Industrial Co., Ltd.
Case number: A-555-902-001
Country: Canada
Chinese solar cell exporter: JA Solar Technology Yangzhou Co., Ltd.
Case number: A-122-988-006
Country: Malaysia
Chinese solar cell exporter: Yingli Energy (China) Company Limited/Baoding Tianwei Yingli New Energy Resources Co., Ltd./Tianjin Yingli New Energy Resources Co., Ltd./Hengshui Yingli New Energy Resources Co., Ltd./Lixian Yingli New Energy Resources Co., Ltd./Baoding Jiasheng Photovoltaic Technology Co., Ltd./Beijing Tianneng Yingli New Energy Resources Co., Ltd./Hainan Yingli New Energy Resources Co., Ltd./Shenzhen Yingli New Energy Resources Co., Ltd.
Case number: A-557-988-001
Country: Thailand
Chinese solar cell exporter: Trina Solar Co., Ltd.; Trina Solar (Changzhou) Science and Technology Co., Ltd.; Yancheng Trina Guoneng Photovoltaic Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., Ltd.; Changzhou Trina Hezhong Photoelectric Co., Ltd.
Case number: A-549-988-001
Country: Turkey
Chinese solar cell exporter: BYD (Shangluo) Industrial Co., Ltd.
Case number: A-489-988-001
Country: Socialist Republic of Vietnam
Chinese solar cell exporter: BYD (Shangluo) Industrial Co., Ltd.
Case number: A-552-988-001
Chinese solar cell exporter: Trina Solar Co., Ltd.; Trina Solar (Changzhou) Science and Technology Co., Ltd.; Yancheng Trina Guoneng Photovoltaic Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., Ltd.; Changzhou Trina Hezhong Photoelectric Co., Ltd.
Case number: A-552-988-002
5.
There are no injunctions applicable to the entries covered by this instruction.
6.
Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2 occurred with the publication of the notice of initiation of administrative review for the 12/2021 anniversary month (87 FR 6487, 02/04/2022).
Unless instructed otherwise, for all other shipments of crystalline silicon photovoltaic cells, whether or not assembled into modules, from China you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.
6.
The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended.
Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties.
The interest provisions are not applicable to cash posted as estimated antidumping duties before the date of publication of the antidumping duty order.
Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation.
The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.
7.
Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement certification in accordance with 19 CFR 351.402(f)(2) and as described under this paragraph:
a.
The importer must certify with CBP prior to liquidation (except as provided below) whether the importer has or has not been reimbursed or entered into any agreement or understanding for the payment or for the refunding to the importer by the manufacturer, producer, seller, or exporter for all or any part of the antidumping and/or countervailing duties, as appropriate.
Such certification should identify the commodity and country and contain the information necessary to link the certification to the relevant entry or entry line number(s).
b.
The certification may be filed either electronically or in paper in accordance with CBP's requirements, as applicable.
c.
If an importer does not provide its certification prior to liquidation, CBP may accept the certification in accordance with its protest procedures under 19 U.S.C. 1514, unless otherwise directed.
d.
Certifications are required for entries of the relevant commodity that have been imported on or after the date of publication of the antidumping notice in the Federal Register that first suspended liquidation in that proceeding.
e. Consistent with 19 CFR 351.402(f)(3), if an importer fails to file the certification, Commerce may presume that the importer was paid or reimbursed the antidumping or countervailing duties.
Therefore, if the importer does not provide the certification prior to liquidation (or as provided above), reimbursement of the duties shall be presumed.
Accordingly, if there is no certification with respect to the antidumping duty, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if there is no certification with respect to any applicable countervailing duty, CBP shall increase the antidumping duty by the amount of the countervailing duty.
Further, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall increase the antidumping duty by the amount of the antidumping duty.
In addition, if the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed any applicable countervailing duties, CBP shall increase the antidumping duty by the amount of the countervailing duty.
8.
This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message.
Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended).
If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries.
9.
If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984.
CBP ports should submit their inquiries through authorized CBP channels only.
(This message was generated by OIV: DP.)
10.
There are no restrictions on the release of this information.
Alexander Amdur