Notice of affirmative preliminary determination and critical circumstances in the antidumping duty investigation of crystalline silicon photovoltaic cells from China (A-570-979)

1. ON 05/25/2012, COMMERCE PUBLISHED IN THE FEDERAL REGISTER (77 FR 31309) ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE, POSTPONEMENT OF FINAL DETERMINATION, AND AFFIRMATIVE PRELIMINARY DETERMINATION OF CRITICAL CIRCUMSTANCES IN THE ANTIDUMPING DUTY INVESTIGATION OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM THE PEOPLE'S REPUBLIC OF CHINA (PRC). 2. THE PRODUCTS COVERED BY THIS INVESTIGATION ARE CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, AND MODULES, LAMINATES, AND PANELS, CONSISTING OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT PARTIALLY OR FULLY ASSEMBLED INTO OTHER PRODUCTS, INCLUDING, BUT NOT LIMITED TO, MODULES, LAMINATES, PANELS AND BUILDING INTEGRATED MATERIALS. THIS INVESTIGATION COVERS CRYSTALLINE SILICON PHOTOVOLTAIC CELLS OF THICKNESS EQUAL TO OR GREATER THAN 20 MICROMETERS, HAVING A P/N JUNCTION FORMED BY ANY MEANS, WHETHER OR NOT THE CELL HAS UNDERGONE OTHER PROCESSING, INCLUDING, BUT NOT LIMITED TO, CLEANING, ETCHING, COATING, AND/OR ADDITION OF MATERIALS (INCLUDING, BUT NOT LIMITED TO, METALLIZATION AND CONDUCTOR PATTERNS) TO COLLECT AND FORWARD THE ELECTRICITY THAT IS GENERATED BY THE CELL. MERCHANDISE UNDER CONSIDERATION MAY BE DESCRIBED AT THE TIME OF IMPORTATION AS PARTS FOR FINAL FINISHED PRODUCTS THAT ARE ASSEMBLED AFTER IMPORTATION, INCLUDING, BUT NOT LIMITED TO, MODULES, LAMINATES, PANELS, BUILDING-INTEGRATED MODULES, BUILDING-INTEGRATED PANELS, OR OTHER FINISHED GOODS KITS. SUCH PARTS THAT OTHERWISE MEET THE DEFINITION OF MERCHANDISE UNDER CONSIDERATION ARE INCLUDED IN THE SCOPE OF THIS INVESTIGATION. EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION ARE THIN FILM PHOTOVOLTAIC PRODUCTS PRODUCED FROM AMORPHOUS SILICON (A-SI), CADMIUM TELLURIDE (CDTE), OR COPPER INDIUM GALLIUM SELENIDE (CIGS). ALSO EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION ARE CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, NOT EXCEEDING 10,000MM2 IN SURFACE AREA, THAT ARE PERMANENTLY INTEGRATED INTO A CONSUMER GOOD WHOSE FUNCTION IS OTHER THAN POWER GENERATION AND THAT CONSUMES THE ELECTRICITY GENERATED BY THE INTEGRATED CRYSTALLINE SILICON PHOTOVOLTAIC CELL. WHERE MORE THAN ONE CELL IS PERMANENTLY INTEGRATED INTO A CONSUMER GOOD, THE SURFACE AREA FOR PURPOSES OF THIS EXCLUSION SHALL BE THE TOTAL COMBINED SURFACE AREA OF ALL CELLS THAT ARE INTEGRATED INTO THE CONSUMER GOOD. MODULES, LAMINATES, AND PANELS PRODUCED IN A THIRD-COUNTRY FROM CELLS PRODUCED IN THE PRC ARE COVERED BY THIS INVESTIGATION; HOWEVER, MODULES, LAMINATES, AND PANELS PRODUCED IN THE PRC FROM CELLS PRODUCED IN A THIRD-COUNTRY ARE NOT COVERED BY THIS INVESTIGATION. MERCHANDISE COVERED BY THIS INVESTIGATION IS CURRENTLY CLASSIFIED IN THE HARMONIZED TARIFF SYSTEM OF THE UNITED STATES (“HTSUS”) UNDER SUBHEADINGS 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, AND 8501.31.8000. THESE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES; THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS DISPOSITIVE. 3. AS NOTED IN PARAGRAPH 2, MODULES, LAMINATES, AND PANELS PRODUCED IN A THIRD-COUNTRY FROM SUBJECT CELLS PRODUCED IN THE PRC ARE COVERED BY THIS INVESTIGATION; HOWEVER, MODULES, LAMINATES, AND PANELS PRODUCED IN THE PRC FROM SOLAR CELLS PRODUCED IN A THIRD-COUNTRY ARE NOT COVERED BY THE SCOPE OF THIS INVESTIGATION. HOWEVER, IN ORDER FOR NO CASH DEPOSIT TO BE REQUIRED FOR PANELS/MODULES NOT CONTAINING SUBJECT SOLAR CELLS PRODUCED IN THE PRC, THE FOLLOWING CERTIFICATION AND DOCUMENTATION REQUIREMENTS MUST BE MET: A. IMPORTERS OF PANELS/MODULES FROM ANY COUNTRY THAT DO NOT CONTAIN SUBJECT SOLAR CELLS PRODUCED IN THE PRC MUST MAINTAIN THE FOLLOWING CERTIFICATION, AS WELL AS DOCUMENTATION SUPPORTING THE CERTIFICATION: IMPORTER CERTIFICATION I HEREBY CERTIFY THAT I AM AN OFFICIAL OF (INSERT NAME OF COMPANY IMPORTING SOLAR PANELS/MODULES), THAT I HAVE KNOWLEDGE OF THE FACTS REGARDING THE IMPORTATION OF THE SOLAR PANELS/MODULES OR OTHER PRODUCTS CONTAINING SOLAR PANELS/MODULES THAT ENTERED UNDER ENTRY NUMBER(S) (INSERT ENTRY NUMBER(S) COVERED BY THE CERTIFICATION), AND THAT THESE SOLAR PANELS/MODULES DO NOT CONTAIN SOLAR CELLS PRODUCED IN THE PEOPLE'S REPUBLIC OF CHINA. BY SIGNING THIS CERTIFICATE, I ALSO HEREBY CERTIFY THAT (INSERT NAME OF COMPANY IMPORTING SOLAR PANELS/MODULES) MAINTAINS SUFFICIENT DOCUMENTATION SUPPORTING THIS CERTIFICATION FOR ALL SOLAR CELLS USED TO PRODUCE THE SOLAR PANELS/MODULES IMPORTED UNDER THE ABOVE-REFERENCED ENTRY NUMBER(S). I UNDERSTAND THAT AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO MAKE THIS CERTIFICATION. ALSO, I AM AWARE THAT RECORDS PERTAINING TO THIS CERTIFICATION MAY BE REQUESTED BY CBP. I UNDERSTAND THAT THIS CERTIFICATION SHOULD BE COMPLETED AT THE TIME OF THE ENTRY. ALSO, I UNDERSTAND THAT FAILURE TO MAINTAIN THE REQUIRED CERTIFICATION OR FAILURE TO SUBSTANTIATE THE CLAIM THAT THE PANELS/MODULES DO NOT CONTAIN SOLAR CELLS PRODUCED IN THE PEOPLE'S REPUBLIC OF CHINA WILL RESULT IN SUSPENSION OF ALL UNLIQUIDATED ENTRIES FOR WHICH THESE REQUIREMENTS WERE NOT MET AND THE REQUIREMENT THAT THE IMPORTER POST AN AD CASH DEPOSIT OR, WHERE APPLICABLE, A BOND, ON THOSE ENTRIES EQUAL TO THE PRC-WIDE RATE IN EFFECT AT THE TIME OF THE ENTRY AND A CVD CASH DEPOSIT, OR WHERE APPLICABLE, A BOND RATE EQUAL TO THE ALL-OTHERS RATE IN EFFECT AT THE TIME OF THE ENTRY. _________________________ NAME OF COMPANY OFFICIAL _________________________ TITLE ____________ DATE B. IF AN EXPORTER OF PANELS/MODULES NOT CONTAINING SUBJECT SOLAR CELLS PRODUCED IN THE PRC IS LOCATED IN THE PRC, BOTH THE IMPORTER AND THE EXPORTER MUST MAINTAIN THE FOLLOWING EXPORTER CERTIFICATION CERTIFYING THAT THE PANELS/MODULES DO NOT CONTAIN SOLAR CELLS PRODUCED IN THE PRC AS WELL AS DOCUMENTATION SUPPORTING THE CERTIFICATION: EXPORTER CERTIFICATION I HEREBY CERTIFY THAT I AM AN OFFICIAL OF (INSERT NAME OF COMPANY EXPORTING SOLAR PANELS/MODULES), THAT I HAVE KNOWLEDGE OF THE FACTS REGARDING THE EXPORTATION OF THE SOLAR PANELS/MODULES OR OTHER PRODUCTS CONTAINING SOLAR PANELS/MODULES IDENTIFIED BELOW, AND THAT THESE SOLAR PANELS/MODULES DO NOT CONTAIN SOLAR CELLS PRODUCED IN THE PEOPLE'S REPUBLIC OF CHINA. BY SIGNING THIS CERTIFICATE, I ALSO HEREBY CERTIFY THAT (INSERT NAME OF COMPANY EXPORTING SOLAR PANELS/MODULES) MAINTAINS SUFFICIENT DOCUMENTATION SUPPORTING THIS CERTIFICATION FOR ALL SOLAR CELLS USED TO PRODUCE THE SOLAR PANELS/MODULES IDENTIFIED BELOW. I AM AWARE THAT RECORDS PERTAINING TO THIS CERTIFICATION MAY BE SUBJECT TO VERIFICATION BY DEPARTMENT OF COMMERCE OFFICIALS AND I CONSENT TO VERIFICATION WITH RESPECT TO THIS CERTIFICATION AND THESE RECORDS. I UNDERSTAND THAT THIS CERTIFICATION SHOULD BE COMPLETED AT THE TIME OF SHIPMENT. I ALSO UNDERSTAND THAT FAILURE TO MAINTAIN THE REQUIRED CERTIFICATION OR FAILURE TO SUBSTANTIATE THE CLAIM THAT THE PANELS/ MODULES DO NOT CONTAIN SOLAR CELLS PRODUCED IN THE PEOPLE'S REPUBLIC OF CHINA WILL RESULT IN SUSPENSION OF ALL UNLIQUIDATED ENTRIES FOR WHICH THESE REQUIREMENTS WERE NOT MET AND THE REQUIREMENT THAT THE IMPORTER POST AN AD CASH DEPOSIT OR, WHERE APPLICABLE, A BOND, ON THOSE ENTRIES EQUAL TO THE PRC-WIDE RATE IN EFFECT AT THE TIME OF THE ENTRY AND A CVD CASH DEPOSIT, OR WHERE APPLICABLE, A BOND RATE EQUAL TO THE ALL-OTHERS RATE IN EFFECT AT THE TIME OF THE ENTRY. THE EXPORTS COVERED BY THIS CERTIFICATION ARE (INSERT INVOICE NUMBERS, PURCHASE ORDER NUMBERS, EXPORT DOCUMENTATION, ETC. TO IDENTIFY THE EXPORTS COVERED BY THE CERTIFICATION). _________________________ NAME OF COMPANY OFFICIAL _________________________ TITLE ____________ DATE 4. THE IMPORTER AND PRC-EXPORTER CERTIFICATIONS AND SUPPORTING DOCUMENTATION MUST BE MAINTAINED BY THE PARTIES DESCRIBED ABOVE BUT WILL ONLY BE PROVIDED TO U.S. CUSTOMS AND BORDER PROTECTION (CBP) BY THE IMPORTER AT THE REQUEST OF CBP. THESE DOCUMENTS SHOULD NOT BE PROVIDED BY THE IMPORTER AS PART OF THE ENTRY DOCUMENT PACKAGE, UNLESS SPECIFICALLY REQUESTED BY CBP. 5. THE IMPORTER CERTIFICATION MUST BE COMPLETED, SIGNED, AND DATED AT THE TIME OF THE ENTRY OF THE PANELS/MODULES. THE EXPORTER CERTIFICATION MUST BE COMPLETED, SIGNED, AND DATED AT THE TIME OF SHIPMENT OF THE RELEVANT ENTRIES. FOR ENTRIES ON OR AFTER FEBRUARY 25, 2012, BUT BEFORE MAY 25, 2012, FOR WHICH CERTIFICATIONS ARE REQUIRED, IMPORTERS AND EXPORTERS SHOULD COMPLETE THE REQUIRED CERTIFICATION WITHIN 30 DAYS OF MAY 25, 2012. 6. CBP MAY ACCEPT THE ABOVE CERTIFICATIONS (AND IF REQUIRED BY CBP, SUPPORTING DOCUMENTATION) TO ESTABLISH THAT THE MERCHANDISE IS NOT COVERED BY THE SCOPE OF THIS INVESTIGATION. IF THE IMPORTER DOES NOT PROVIDE THE AFOREMENTIONED REQUIRED CERTIFICATION OR DOCUMENTATION AT CBP'S REQUEST, CBP IS INSTRUCTED TO SUSPEND ALL UNLIQUIDATED ENTRIES FOR WHICH THE CERTIFICATION OR DOCUMENTATION REQUIREMENTS WERE NOT PROVIDED, AND REQUIRE THE POSTING OF A CASH DEPOSIT OR BOND ON THOSE ENTRIES EQUAL TO THE PRC-WIDE RATE IN EFFECT AT THE TIME OF ENTRY. 7. IF THE IMPORTED PANEL/MODULE CONTAINS SOME SUBJECT SOLAR CELLS PRODUCED IN THE PRC BUT THE IMPORTER IS UNABLE OR UNWILLING TO IDENTIFY THE TOTAL VALUE OF THE PANEL/MODULE THAT IS SUBJECT MERCHANDISE, CBP IS INSTRUCTED TO REQUIRE THE POSTING OF A CASH DEPOSIT OR BOND EQUAL TO THE PRC-WIDE RATE IN EFFECT AT THE TIME OF THE ENTRY ON THE TOTAL ENTERED VALUE OF THE PANEL/MODULE. 8. THIS INVESTIGATION HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-979. 9. BECAUSE COMMERCE DETERMINED THAT CRITICAL CIRCUMSTANCES EXIST FOR IMPORTS OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM THE PRC FROM THE EXPORTER/PRODUCER COMBINATIONS LISTED IN THE COMPANY-DETAILS TABLE APPENDED TO THIS MESSAGE, AS WELL AS FROM THE PRC-WIDE ENTITY, CBP SHALL SUSPEND LIQUIDATION OF ALL APPROPRIATE ENTRIES OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM THE PRC THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 02/25/2012 WHICH IS 90 DAYS BEFORE THE DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION IN THE FEDERAL REGISTER. EFFECTIVE 02/25/2012, FOR ENTRIES OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM THE PRC FROM THE EXPORTER/PRODUCER COMBINATIONS LISTED IN THE COMPANY-DETAILS TABLE APPENDED TO THIS MESSAGE AS WELL AS FROM THE PRC-WIDE ENTITY, CBP SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE DUMPING MARGINS IN THE APPENDED TABLE. 10. BECAUSE OF THE COMPANION COUNTERVAILING DUTY INVESTIGATION (C-570-980), COMMERCE, WHERE APPROPRIATE, HAS REDUCED THE AMOUNT OF ANTIDUMPING DUTY DEPOSIT RATE BY THE AMOUNT OF THE EXPORT SUBSIDY RATE FOUND. SPECIFICALLY, THE CASH DEPOSIT RATES SHOWN IN THE COMPANY-DETAILS TABLE APPENDED TO THIS MESSAGE FOR SUBJECT MERCHANDISE EXPORTED BY CHANGZHOU TRINA SOLAR ENERGY CO., LTD. AND PRODUCED BY EITHER CHANGZHOU TRINA SOLAR ENERGY CO., LTD. OR TRINA SOLAR (CHANGZHOU) SCIENCE & TECHNOLOGY CO., LTD. AND FOR SUBJECT MERCHANDISE EXPORTED BY TRINA SOLAR (CHANGZHOU) SCIENCE & TECHNOLOGY CO., LTD. AND PRODUCED BY EITHER CHANGZHOU TRINA SOLAR ENERGY CO., LTD. OR TRINA SOLAR (CHANGZHOU) SCIENCE & TECHNOLOGY CO., LTD. EQUAL THE ANTIDUMPING DUTY MARGINS PUBLISHED IN THE FEDERAL REGISTER, LESS THE 0.01 PERCENT PRELIMINARY EXPORT SUBSIDY RATE DETERMINED IN THE COMPANION COUNTERVAILING DUTY INVESTIGATION. THIS OFFSET SHALL REMAIN IN EFFECT UNTIL 07/23/2012. AFTER THAT DATE THE FULL AMOUNT OF THE ANTIDUMPING DUTY DEPOSIT SHALL BE REQUIRED. 11. FOR ALL OTHER ENTRIES OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM THE PRC, THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY: A. FOR ALL PRC EXPORTERS OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM THE PRC WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH DEPOSIT OR BONDING RATE WILL BE THE PRC-WIDE RATE. B. FOR ALL NON-PRC EXPORTERS OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS, WHETHER OR NOT ASSEMBLED INTO MODULES, FROM THE PRC WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-PRC EXPORTER. 12. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP, CBP OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTIES, CBP OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS. 13. IF THERE ARE ANY QUESTIONS BY THE IMPORTING PUBLIC REGARDING THIS MESSAGE, PLEASE CONTACT THE CALL CENTER FOR THE OFFICE OF AD/CVD OPERATIONS, IMPORT ADMINISTRATION, 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 O4:KH.) 14. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. MICHAEL B. WALSH