Message body
Full text as published by U.S. Customs and Border Protection
1.
On 12/08/2022, Commerce published its preliminary determination that imports of certain solar cells and solar modules that were produced (i.e., completed) in the Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, or the Socialist Republic of Vietnam (inquiry countries, these are also the countries identified in the definition of Southeast Asian-Completed Cells and Modules), using parts and components produced in the People's Republic of China (China), as specified in paragraph 3 below, that are subsequently exported from one of the inquiry countries to the United States (inquiry merchandise), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells and solar modules), from China (A-570-979 and C-570-980) (AD and CVD orders on solar cells and solar modules from China).
See 87 FR 75221 (Preliminary Determination).
2.
Specifically, Commerce preliminarily determined that the solar cells and solar modules described in paragraph 3 below are covered by the scope of the AD and CVD orders on solar cells and solar modules from China.
3a.
The circumvention inquiries cover:
(A) crystalline silicon photovoltaic cells that meet the physical description of crystalline silicon photovoltaic cells in the scope of the underlying AD/CVD orders on solar cells and solar modules from China, subject to the exclusions therein, whether or not partially or fully assembled into other products, that were produced in an inquiry country from wafers produced in China; and (B) modules, laminates, and panels consisting of crystalline silicon photovoltaic cells, subject to the exclusions for certain panels in the scope of the underlying AD/CVD orders on solar cells and solar modules from China, whether or not partially or fully assembled into other products, that were produced in an inquiry country from wafers produced in China and where more than two of the following components in the module/laminate/panel were produced in China: (1) silver paste; (2) aluminum frames (3) glass; (4) backsheets; (5) ethylene vinyl acetate sheets; and (6) junction boxes. If modules, laminates, and panels consisting of crystalline silicon photovoltaic cells do not meet both conditions in item (B) above, then these circumvention inquiries do not cover the modules, laminates, and panels, or the crystalline silicon photovoltaic cells within the modules, laminates, and panels, even if those crystalline silicon photovoltaic cells were produced in an inquiry country from wafers produced in China.
Wafers produced outside of China with polysilicon sourced from China are not considered to be wafers produced in China for purposes of the circumvention inquiries.
3b. Solar cells made in one of the four Southeast Asian inquiry countries, even if made from wafers from China, that are then exported to a non-inquiry country and further assembled into modules or other products there, are not covered by the circumvention inquiries.
Solar modules completed in an inquiry country from solar cells produced in a non-inquiry country are also not covered by the circumvention inquiries.
However, the circumvention inquiries do cover solar cells and modules exported from one of the four inquiry countries to the United States where the process of assembly or completion was conducted in more than one of the four inquiry countries, provided the other requirements for coverage are met.
For example, if a solar cell is completed in Thailand from a Chinese wafer and the cell is sent to Malaysia for assembly into a module with three or more Chinese components, and the module is exported to the United States, this product is covered.
4.
On 09/12/2022, Commerce added Part 362 to its regulations to implement Presidential Proclamation 10414 ("Declaration of Emergency and Authorization for Temporary Extensions of Time and Duty-Free Importation of Solar Cells and Modules From Southeast Asia," 87 FR 35067) (Presidential Proclamation), which was signed on 06/06/2022.
See 87 FR 56868.
Pursuant to 19 CFR 362.103(b)(1)(iii), Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of, and collect cash deposits of estimated ADs and CVDs, based on the affirmative preliminary determinations of circumvention, on, imports of Southeast Asian-Completed Cells and Modules that are not "Applicable Entries."
Applicable Entries are entries of Southeast Asian-Completed Cells and Modules that are entered into the United States, or withdrawn from warehouse, for consumption before the Date of Termination and, for entries that enter after November 15, 2022, are used in the United States by the Utilization Expiration Date.
Southeast Asian-Completed Cells and Modules are crystalline silicon photovoltaic cells, whether or not assembled into modules, which are completed in the Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, or the Socialist Republic of Vietnam using parts and components manufactured in China, and subsequently exported from the Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, or the Socialist Republic of Vietnam to the United States.
Date of Termination means June 6, 2024, or the date the emergency described in Presidential Proclamation 10414 has been terminated, whichever occurs first.
Utilization Expiration Date means the date 180 days after the Date of Termination.
Utilization and utilized means the Southeast Asian-Completed Cells and Modules will be used or installed in the United States. Merchandise which remains in inventory or a warehouse in
the United States, is resold to another party, is subsequently exported, or is destroyed after importation is not considered utilized for purposes of these provisions.
5.
Therefore, for Southeast Asian-Completed Cells and Modules that were entered, or withdrawn from warehouse, for consumption during the period 04/01/2022 through 06/05/2024, (the day before the currently-scheduled date of termination of the Presidential Proclamation), for which the certification requirements described in either paragraph 14, 15, 16, 17, or 18 below have not been met, CBP shall suspend liquidation of those entries under the appropriate case number(s) identified in paragraph 7 below, or under any other appropriate case number(s) established by Commerce, and require the applicable AD and CVD cash deposits described in paragraphs 5a through 5c below.
5a. For exporters of the solar cells or solar modules that have a company-specific cash deposit rate under the AD and/or CVD orders on solar cells and solar modules from China, the cash deposit rate will be the company-specific AD and/or CVD cash deposit rate established for that company in the most recently-completed segment of the solar cells proceedings.
5b. For exporters of the solar cells or solar modules that do not have a company-specific cash deposit rate under the AD or CVD orders on solar cells and solar modules from China, the cash deposit rate(s) will be the company-specific cash deposit rate(s) established under the AD and/or CVD orders on solar cells and solar modules from China for the company that exported the wafers to the producer/exporter in the relevant inquiry country (i.e., the Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, or the Socialist Republic of Vietnam) that were incorporated in the imported solar cells or solar modules.
5c. If neither the exporter of the solar cells or solar modules described in paragraph 5a above nor the exporter of the wafers described in paragraph 5b above has a company-specific cash deposit rate, the AD cash deposit rate will be the China-wide rate under case A-570-979-000 and the CVD cash deposit rate will be the "All-Others" rate under case C-570-980-000.
6.
Except as noted in paragraphs 6a through 6c below, the preliminary circumvention determinations are applicable on a country-wide basis, regardless of foreign producer, exporter, or importer.
6a. Entries of Southeast Asian-Completed Cells and Modules exported to, and sold to customers in, the United States by Boviet Solar Technology Co., Ltd. that were produced in the Socialist Republic of Vietnam by Boviet Solar Technology Co., Ltd. using wafers manufactured in China that were exported to the Socialist Republic of Vietnam by Ningbo Kyanite International Trade Co., Ltd. are not subject to the suspension of liquidation and collection of cash deposit requirements described below.
Importers and exporters of such merchandise must complete the certifications described in paragraph 15 below.
6b. Entries of Southeast Asian-Completed Cells and Modules exported to, and sold to customers in, the United States by Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd. that were produced in Malaysia by Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd. using wafers manufactured in China that were exported to Malaysia by one of the following companies:
(1) Jinko Solar Co., Ltd.; (2) Jinko Solar Import and Export Co., Ltd.; (3) Jinko Solar (Chuzhou) Co., Ltd.; (4) Jinko Solar (Shangrao) Co., Ltd.; (5) Yuhuan Jinko Solar Co., Ltd.; or (6) JINKOSOLAR MIDDLE EAST DMCC are not subject to the suspension of liquidation and collection of cash deposit requirements described below.
Importers and exporters of such merchandise must complete the certifications described in paragraph 16 below.
6c. Entries of Southeast Asian-Completed Cells and Modules exported to, and sold to customers in, the United States by New East Solar Energy (Cambodia) Co., Ltd. that were produced in the Kingdom of Cambodia by New East Solar Energy (Cambodia) Co., Ltd. using wafers manufactured in China that were exported to the Kingdom of Cambodia by Huzhou Zhongdian New Materials Technology Co., Ltd. are not subject to the suspension of liquidation and collection of cash deposit requirements described below.
Importers and exporters of such merchandise must complete the certifications described in paragraph 17 below.
6d. Entries of Southeast Asian-Completed Cells and Modules produced and exported Hanwha Q CELLS Malaysia Sdn. Bhd., which is a company that Commerce preliminarily determined was not circumventing the AD/CVD orders on solar cells and solar modules from China, will be subject to the suspension of liquidation and collection of cash deposit requirements described above until Commerce notifies CBP otherwise, unless the certification requirements described in paragraph 14 or 18 below have been met.
7. Commerce has established the following third-country case numbers for importers to declare entries of Southeast Asian-Completed Cells and Modules as being subject to the AD and CVD orders on solar cells and solar modules from China.
CBP and other interested parties may request that Commerce establish additional case numbers.
Third Country: The Kingdom of Cambodia
Producer and/or Exporter:
All Others
Case Number:
C-555-903-000
Cash Deposit Rate:
15.24%
Producer and/or Exporter:
Country-Wide
Case Number:
A-555-902-000
Cash Deposit Rate:
238.95%
Third Country: Malaysia
Producer and/or Exporter:
All Others
Case Number:
C-557-989-000
Cash Deposit Rate:
15.24%
Producer and/or Exporter:
Country-Wide
Case Number:
A-557-988-000
Cash Deposit Rate:
238.95%
Third Country: The Kingdom of Thailand
Producer and/or Exporter:
All Others
Case Number:
C-549-989-000
Cash Deposit Rate:
15.24%
Producer and/or Exporter:
Country-Wide
Case Number:
A-549-988-000
Cash Deposit Rate:
238.95%
Third Country: The Socialist Republic of Vietnam
Producer and/or Exporter:
All Others
Case Number:
C-552-989-000
Cash Deposit Rate:
15.24%
Exporter:
Country-Wide
Case Number:
A-552-988-000
Cash Deposit Rate:
238.95%
8. These cash deposit requirements shall remain in effect until further notice.
Do not liquidate any entries of the merchandise described above until assessment instructions are issued.
9. For Southeast Asian-Completed Cells and Modules that were entered, or withdrawn from warehouse, for consumption on or after 04/01/2022 that were not declared as AD/CVD type entries, where the entry has not been liquidated (and entries for which liquidation has not become final) and for which the certification requirements described in either paragraph 14, 15, 16, 17, or 18 below have not been met, importers must file a Post Summary Correction with CBP, in accordance with CBP's regulations, regarding conversion of such entries from non-AD/CVD type entries to AD/CVD type entries (e.g., type 01 to type 03) and report those entries using the appropriate third-country case number(s) identified in paragraph 7 above, or using any other appropriate case number(s) established by Commerce.
The importer should pay cash deposits on those entries consistent with the regulations governing post-summary corrections that require payment of additional duties.
Any such entries that are set for liquidation should be unset immediately.
10. Southeast Asian-Completed Cells and Modules entered, or withdrawn from warehouse, for consumption during the period 04/01/2022 through 06/05/2024, (the day before the currently-scheduled date of termination of the Presidential Proclamation), for which the importer and exporter have met the certification requirements described in either paragraph 14, 15, 16, 17, or 18 below are not subject to the suspension of liquidation, or the cash deposit requirements, described above.
11. Importers and exporters are currently not permitted to use the certifications in paragraph 18 below with respect to Southeast Asian-Completed Cells and Modules from the following companies in Malaysia, The Kingdom of Thailand, or the Socialist Republic of Vietnam because these companies are precluded from participating in those specific certification programs.
Malaysia
1. AMC Cincaria Sdn Bhd
2. Flextronic Shah Alam Sdn. Bhd.
3. Funing Precision Component Co., Ltd.
4. Samsung Sds Malaysia Sdn. Bhd.
5. Vina Solar Technology Co., Ltd.
The Kingdom of Thailand
1. Celestica (Thailand) Limited
2. Green Solar Thailand Co., Ltd.
3. Lightup Creation CO., Ltd.
4. Thai Master Frame Co., Ltd.
5. Three Arrows (Thailand) Co., Ltd.
6. Yuan Feng New Energy
7. Solar PPM.
8. Sunshine Electrical Energy Co., Ltd.
The Socialist Republic of Vietnam
1. Cong Ty Co Phan Cong Nghe Nang (Global Energy)
2. GCL System Integration Technology
3. Green Wing Solar Technology Co., Ltd.
4. HT Solar Vietnam Limited Company
5. Irex Energy Joint Stock Company
6. S-Solar Viet Nam Company Limited
7. Venergy Solar Industry Company
8. Red Sun Energy Co., Ltd
In the Preliminary Determination, Commerce determined that Vietnam Sunergy Joint Stock Company (Vietnam Sunergy) is ineligible to certify that U.S. entries of its solar cells and modules exported from Vietnam are not inquiry merchandise.
However, as explained in the Memorandum, "Preliminary Determinations Corrections," dated January 24, 2023, Commerce subsequently reconsidered this decision.
Thus, Commerce intends to permit Vietnam Sunergy to participate in the certification regime established in these proceedings.
12.
Certification Requirements
12a.
Commerce has established the following types of certifications: (1) importer and exporter certifications that specific entries meet the regulatory definition of "Applicable Entries"; (2) importer and exporter certifications that specific entries are not subject to suspension of liquidation or the collection of cash deposits based on a preliminary negative circumvention determination when wafers from certain exporters were used; and (3) importer and exporter certifications that specific entries are not subject to suspension of liquidation or the collection of cash deposits pursuant to the preliminary country-wide affirmative determinations of circumvention because the merchandise meets the component content requirements described in the certification.
12b. Importers and exporters must complete the applicable certification, and meet the documentation and other requirements detailed below, in order for the entry to not be subject to the suspension of liquidation and cash deposit requirements described above.
If it is determined that an importer and/or exporter has not met the certification and/or related documentation requirements for certain entries that are described in either paragraph 14, 15, 16, 17, or 18 below, CBP is instructed to suspend, pursuant to the preliminary country-wide affirmative determinations of circumvention and the AD and CVD orders on solar cells and solar modules from China, all unliquidated entries for which these requirements were not met and require the importer to post applicable AD and CVD cash deposits equal to the rates noted above.
12c.
For Southeast Asian-Completed Cells and Modules entered, or withdrawn from warehouse, for consumption during the period 04/01/2022 through 12/08/2022 where the entry has not been liquidated (and entries for which liquidation has not become final), importers and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof.
12d. Agents of the importer, such as brokers, are not permitted to make these certifications. Where the importer uses a broker to facilitate the entry process, the importer should obtain the entry summary number and the date of entry from the broker.
12e.
The party that sold the merchandise that was manufactured in an inquiry country listed in paragraph 1 above to the United States (herein referred to as "the exporter"), which is not necessarily the producer of the merchandise, should complete the exporter certification
12f. The importer, or the importer's agent, must submit both the importer's certification and the exporter's certification to CBP as part of the entry process by uploading them into the document imaging system (DIS) in ACE.
For entries made from 04/01/2022 through 12/22/2022, for which the importer, or the importer's agent, did not submit both the importer's certification and the exporter's certification to CBP as part of the entry process, the importer, or the importer's agent, must submit both the importer's certification and the exporter's certification to CBP.
12g. The importer must obtain a copy of the relevant completed Exporter Certification, and the importer and the exporter are required to maintain the certifications, and sufficient supporting documentation, as indicated in the certifications, until the later of: (1) the date that is five years after the latest entry date of the entries covered by the certification or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
12h. The importer and the exporter will be required to present the certifications, and supporting documentation, to Commerce and/or CBP, as applicable, upon request by either agency.
12i. The importer and the exporter's claims in their certifications, and any supporting documentation, are subject to verification by Commerce and/or CBP.
13. Certification Timing Requirements
13a.
For all Southeast Asian-Completed Cells and Modules entered, or withdrawn from warehouse, for consumption, during the period 04/01/2022 through 12/22/2022, the importer should complete, sign, and date the applicable certification, no later than 45 days after 12/08/2022.
For all Southeast Asian-Completed Cells and Modules entered, or withdrawn from warehouse, for consumption, after 12/22/2022, the importer should complete, sign, and date the applicable certification on, or prior to, the date of the entry summary.
13b. For all Southeast Asian-Completed Cells and Modules with a shipment date during the period 04/01/2022 through 12/22/2022, the exporter should complete, sign, and date the applicable certification, and provide a copy of the certification to the importer, no later than 45 days after 12/08/2022.
For all Southeast Asian-Completed Cells and Modules with a shipment date after 12/22/2022, the exporter should complete, sign, and date the applicable certification and provide a copy of the certification to the importer, on, or prior to, the date of shipment.
14. Certifications Regarding Applicable Entries Under 19 CFR Part 362
14a.
IMPORTER CERTIFICATION
I hereby certify that:
A) My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}.
B) I have direct personal knowledge of the facts regarding importation of the solar cells and solar modules produced in {SELECT ONE OF THE FOLLOWING COUNTRIES:
KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM } that were entered into the Customs territory of the United States under the entry summary number(s) identified below which are covered by this certification.
"Direct personal knowledge" refers to the facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of the exporter and/or seller's identity and location.
C) If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
The solar cells and/or solar modules covered by this certification were imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer.
D) The solar cells and/or solar modules covered by this certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
E) I have personal knowledge of the facts regarding the production and exportation of the solar cells and modules identified below.
"Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer of the imported products regarding production).
F) The imported solar cells and/or solar modules covered by this certification:
1. Were produced in {SELECT ONE OF THE FOLLOWING COUNTRIES:
KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM} using parts and components manufactured in the People's Republic of China;
2. Were exported to the United States from {SELECT ONE OF THE FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM} without further assembly in another country;
3. Are not covered by: (a) the antidumping duty or countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China; or (b) the antidumping duty order on certain crystalline silicon photovoltaic products from Taiwan;
4. Were entered into the United States, or were withdrawn from warehouse, for consumption before 06/06/2024, or before the date the emergency described in Presidential Proclamation 10414 is terminated, whichever occurs first; and
5. If entered, or withdrawn from warehouse, after 11/15/2022, the solar cells and/or solar modules will be utilized in the United States by no later than 180 days after the earlier of 06/06/2024, or the date the emergency described in Presidential Proclamation 10414 is terminated.
Utilized means the solar cells or solar modules will be used or installed in the United States.
Solar cells or solar modules which remain in inventory or in a warehouse in the United States, are resold to another party, are subsequently exported, or are destroyed after importation are not considered utilized.
G) This certification applies to the following entries (repeat this block as many times as necessary):
Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:
Producer:
Producer's Address:
H) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product specification sheets, production records, invoices, etc.) until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
I) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to information regarding the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
J) I understand that {NAME OF IMPORTING COMPANY} is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with the importer certification, and any supporting documentation, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon the request of either agency.
K) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
L) I understand that failure to maintain the required certifications and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are not "Applicable Entries."
I understand that such a finding may result in:
i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
ii) the importer being required to post the antidumping duty and countervailing duty cash deposits determined by Commerce; and
iii) the importer no longer being allowed to participate in the certification process.
M) I understand that agents of the importer, such as brokers, are not permitted to make this certification.
N) This certification was completed and signed on, or prior to, the date of the entry summary if the entry date is more than 14 days after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
O) I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
________
Date
14b. EXPORTER CERTIFICATION
The party that made the sale to the United States should fill out the exporter certification.
I hereby certify that:
A) My name is {COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES}, located at {ADDRESS OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES};
B) I have direct personal knowledge of the facts regarding the production and exportation of the solar cells and solar modules for which sales are identified below.
"Direct personal knowledge" refers to facts the certifying party is expected to have in its own records.
For example, an exporter should have direct personal knowledge of the producer's identity and location.
C) The solar cells and/or solar modules covered by this certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
D) The solar cells and/or solar modules covered by this certification:
1. Were produced in {SELECT ONE OF THE FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM} using parts and components manufactured in the People's Republic of China;
2. Were exported to the United States from {SELECT ONE OF THE FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM} without further assembly in another country; and
3. Are not covered by:
(a)
the antidumping duty or countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China; or (b) the antidumping duty order on certain crystalline silicon photovoltaic products from Taiwan.
E) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary):
# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. Customer:
Producer Name:
Producer's Address:
Invoice # of the Producer's Invoice to the Foreign Seller (if the foreign seller and the producer are the same party, report "NA" here):
F) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product specification sheets, customer specification sheets, production records, invoices, etc.) until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
G) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE UNITED STATES}is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or the U.S. Department of Commerce (Commerce) with a copy of this certification, and any supporting documents, upon the request of either agency.
H) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
I) I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are sales of merchandise that was not entered into the United States in "Applicable Entries."
I understand that such a finding may result in:
i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
ii) the importer being required to post the antidumping and countervailing duty cash deposits determined by Commerce; and
iii) the seller/exporter no longer being allowed to participate in the certification process.
J) I understand that agents of the seller/exporter, such as freight forwarding companies or brokers, are not permitted to make this certification.
K) This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment date is more than 14 days after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
If the shipment date is on or before the 14th day after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
L) I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
________
Date
15. Certifications Regarding Inquiry Merchandise From Boviet Solar Technology Co., Ltd. Certification
15a. IMPORTER CERTIFICATION
I hereby certify that:
A) My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}.
B) I have direct personal knowledge of the facts regarding importation of the solar cells and solar modules produced in Vietnam that were entered into the Customs territory of the United States under the entry summary number(s) identified below which are covered by this certification.
"Direct personal knowledge" refers to the facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of the exporter and/or seller's identity and location.
C) If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
The solar cells and/or solar modules covered by this certification were imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer.
D) The solar cells and/or solar modules covered by this certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
E) I have personal knowledge of the facts regarding the production and exportation of the solar cells and modules identified below.
"Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer of the imported products regarding production).
F) The solar cells and/or solar modules covered by this certification were:
1. Sold to the United States by Boviet Solar Technology Co., Ltd.
2. Exported to the United States by Boviet Solar Technology Co., Ltd.
3. Produced in Vietnam by Boviet Solar Technology Co., Ltd., using wafers manufactured in the People's Republic of China that were exported to Vietnam by Ningbo Kyanite International Trade Co., Ltd.
G)
The U.S. Department of Commerce (Commerce) found that solar cells and/or solar modules produced by Boviet Solar Technology Co., Ltd., using wafers manufactured in China that were exported by the wafer supplier listed in item F above, and exported by Boviet Solar Technology Co., Ltd. are not circumventing the antidumping duty and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China.
H) This certification applies to the following entries (repeat this block as many times as necessary):
Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:
I) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product specification sheets, production records, invoices, etc.) until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
J) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to information regarding the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
K) I understand that {NAME OF IMPORTING COMPANY} is required to provide U.S. Customs and Border Protection (CBP) and/or Commerce with the importer certification, and any supporting documentation, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon the request of either agency.
L) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
M) I understand that failure to maintain the required certifications and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all entries to which this certification applies are entries of merchandise that is covered by the scope of the antidumping and countervailing duty orders on solar cells and solar modules from China.
I understand that such a finding will result in:
i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
ii) the importer being required to post the antidumping duty and countervailing duty cash deposits determined by Commerce; and
iii) the importer no longer being allowed to participate in the certification process.
N) I understand that agents of the importer, such as brokers, are not permitted to make this certification.
O) This certification was completed and signed on, or prior to, the date of the entry summary if the entry date is more than 14 days after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register, this certification was completed and signed by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
P) I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.
Signature
NAME OF COMPANY OFFICIAL
TITLE OF COMPANY OFFICIAL
________
Date
15b. EXPORTER CERTIFICATION
The party that made the sale to the United States should fill out the exporter certification.
I hereby certify that:
A) My name is {COMPANY OFFICIAL'S NAME} and I am an official of Boviet Solar Technology Co., Ltd., located at B5, B6, Song Khe Industrial Zone, Noi Hoang District Bac Giang Province, Vietnam;
B) I have direct personal knowledge of the facts regarding the production and exportation of the solar cells and solar modules for which sales are identified below.
"Direct personal knowledge" refers to facts the certifying party is expected to have in its own records.
For example, an exporter should have direct personal knowledge of the producer's identity and location.
C) The solar cells and/or solar modules covered by this certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
D) The solar cells and/or solar modules covered by this certification were:
1. Sold to the United States by Boviet Solar Technology Co., Ltd.
2. Exported to the United States by Boviet Solar Technology Co., Ltd.
3. Produced in Vietnam by Boviet Solar Technology Co., Ltd. using wafers manufactured in the People's Republic of China (China) that were exported to Vietnam by Ningbo Kyanite International Trade Co., Ltd.
E)
The U.S. Department of Commerce (Commerce) found that solar cells and/or solar modules produced by Boviet Solar Technology Co., Ltd., using wafers manufactured in China that were exported by the wafer supplier listed in item D above, and exported by Boviet Solar Technology Co., Ltd. are not circumventing the antidumping duty and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China.
F) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER} (repeat this block as many times as necessary):
# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. Customer:
G) I understand that Boviet Solar Technology Co., Ltd. is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product specification sheets, customer specification sheets, production records, invoices, etc.) until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
H) I understand that Boviet Solar Technology Co., Ltd. is required to provide the U.S. importer with a copy of this certification and is required to provide U.S. Customs and Border Protection (CBP) and/or Commerce with a copy of this certification, and any supporting documents, upon the request of either agency.
I) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
J) I understand that failure to maintain the required certification and supporting documentation, or failure to substantiate the claims made herein, or not allowing CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are sales of merchandise that is covered by the scope of the antidumping and countervailing duty orders on solar cells and solar modules from China.
I understand that such a finding will result in:
i) suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met;
ii) the importer being required to post the antidumping and countervailing duty cash deposits determined by Commerce; and
iii) the seller/exporter no longer being allowed to participate in the certification process.
K) I understand that agents of the exporter, such as freight forwarding companies or brokers, are not permitted to make this certification.
L) This certification was completed and signed, and a copy of the certification was provided to the importer, on, or prior to, the date of shipment if the shipment date is more than 14 days after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
If the shipment date is on or before the 14th day after the date of publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register, this certification was completed and signed, and a copy of the certification was provided to the importer, by no later than 45 days after publication of the notice of Commerce's preliminary determination of circumvention in the Federal Register.
M) I am aware that U.S. law (including, but not limited to, 18 U.S.C. section 1001) imposes criminal sanctions on individuals who knowingly and willfully make materially false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
________
Date
16.
Certifications Regarding Inquiry Merchandise From Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd.
16a. IMPORTER CERTIFICATION
I hereby certify that:
A) My name is {IMPORTING COMPANY OFFICIAL'S NAME} and I am an official of {NAME OF IMPORTING COMPANY}, located at {ADDRESS OF IMPORTING COMPANY}.
B) I have direct personal knowledge of the facts regarding importation of the solar cells and solar modules produced in Malaysia that were entered into the Customs territory of the United States under the entry summary number(s) identified below which are covered by this certification.
"Direct personal knowledge" refers to the facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of the exporter and/or seller's identity and location.
C) If the importer is acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
The solar cells and/or solar modules covered by this certification were imported by {NAME OF IMPORTING COMPANY} on behalf of {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of the first U.S. customer, include the following sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is not acting on behalf of the first U.S. customer.
D) The solar cells and/or solar modules covered by this certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO WHOM THE MERCHANDISE WAS FIRST SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}.
E) I have personal knowledge of the facts regarding the production and exportation of the solar cells and modules identified below.
"Personal knowledge" includes facts obtained from another party, (e.g., correspondence received by the importer (or exporter) from the producer of the imported products regarding production).
F) The solar cells and/or solar modules covered by this certification were:
1. Sold to the United States by Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd.
2. Exported to the United States by Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd.
3. Produced in Malaysia by Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd., using wafers manufactured in the People's Republic of China that were exported to Malaysia by: {CHECK RELEVANT WAFER SUPPLIERS}
Jinko Solar Co., Ltd.
Jinko Solar Import and Export Co., Ltd.
Jinko Solar (Chuzhou) Co., Ltd.
Jinko Solar (Shangrao) Co., Ltd.
Yuhuan Jinko Solar Co., Ltd.
JINKOSOLAR MIDDLE EAST DMCC
G)
The U.S. Department of Commerce (Commerce) found that solar cells and/or solar modules produced by Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd., using wafers manufactured in China that were exported by the wafer supplier listed in item F above, and exported by Jinko Solar Technology Sdn. Bhd. or Jinko Solar (Malaysia) Sdn. Bhd. are not circumventing the antidumping duty and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China.
H) This certification applies to the following entries (repeat this block as many times as necessary):
Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:
I) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, product specification sheets, production records, invoices, etc.) until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
J) I understand that {NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification (attesting to information regarding the production and/or exportation of the imported merchandise identified above), and any supporting documentation provided to the importer by the exporter, until the later of:
(1) the date that is five years after the latest entry date of the entries covered by the certification; or (2) the date that is three years after the conclusion of any litigation in United States courts regarding such entries.
K) I understand that {NAME OF IMPORTING COMPANY} is required to provide U.S. Customs and Border Protection (CBP) and/or Commerce with the importer certification, and any supporting documentation, and a copy of the exporter's certification, and any supporting documentation provided to the importer by the exporter, upon the request of either agency.
L) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce.
M) I understand that failure to maintain the required certifications and supporting docu