Rescission of the administrative review in part of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (A-570-979)

1. Commerce has rescinded the administrative review of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (China) (A-570-979) covering the period 12/1/2020 through 11/30/2021 in part with respect to the firms listed below. You are to assess antidumping duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 12/1/2020 through 11/30/2021 at the cash deposit rate required at the time of entry. Liquidate all entries for the following firms: No case number was in place during the period of review for the companies listed below. Entries may have been made under A-570-979-000 or other company-specific numbers. Amass Freight International Co Ltd. Boe Technology (HK) Limited Dongguan Sunworth Solar Energy Co. Jiangsu Crevo Science & Technology Jiangsu High Hope International Penglai Jutal Offshore Engineering Qinghuangdao Boostsolar Photovoltaic Shanghai Sansi Electronic Shanxi Hando Xinyu Technology Co., Ltd. Zhejiang Garden Imp&Exp Co., Ltd. Sunpower Corporation, System 2. Commerce is currently conducting scope inquiries on whether Anker Innovations Limited's PowerSolar 3-Port 100W solar panel (model A2431) and its T8700 eufyCam security solar panel are covered by the scope of the antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China. In message 2195403, dated 07/14/2022, and message 3018403, dated 01/18/2023, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiries that are already subject to suspension of liquidation under those antidumping and countervailing duty orders. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 3. Commerce is currently conducting circumvention inquiries on whether crystalline silicon photovoltaic cells, whether or not assembled into modules, that have been completed in, and exported from, Cambodia, Malaysia, Thailand, or Vietnam using parts and components manufactured in China are covered by the scope of the antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China. In message 2097402, dated 04/07/2022, Commerce instructed CBP to continue to suspend entries of merchandise covered by the inquiries that are already subject to suspension of liquidation under those antidumping and countervailing duty orders. Subsequently, in message 3041408, dated 2/10/23, for entries of merchandise covered by the inquiries not already subject to the suspension of liquidation, Commerce instructed CBP to suspend liquidation of: 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 of message 3041408 have not been met. Entries of products covered by those messages should not be liquidated until specific liquidation instructions are issued. 4. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with publication of the notice of preliminary results and rescission in part of the administrative review (88 FR 1046, 01/06/2023). 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. 5. There are no injunctions applicable to the entries covered by this instruction. 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