Message body
Full text as published by U.S. Customs and Border Protection
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Commerce has rescinded the administrative review of the antidumping duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's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 12/01/2021 through 11/30/2022 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You are to assess antidumping duties on this merchandise entered, or withdrawn from warehouse, for consumption during the period 12/01/2021 through 11/30/2022 at the cash deposit rate required at the time of entry.
Liquidate all entries for the following firms:
Exporter: Canadian Solar International Limited; Canadian Solar Manufacturing (Changshu) Inc.; Canadian Solar Manufacturing (Luoyang) Inc.; CSI Cells Co., Ltd.; CSI Solar Co., Ltd.; CSI Solar Manufacturing (Fu Ning) Co., Ltd.
Case number: A-570-979-113
Note to CBP:
As a result of this review, Commerce determined that the companies in the Canadian Solar group have changed.
Specifically, Commerce determined that CSI Solar Co., Ltd. is the successor-in-interest to CSI Solar Power (China) Inc. and CSI Solar Manufacturing (Fu Ning) Co., Ltd. is the successor-in-interest to CSI-GCL Solar Manufacturing (YanCheng) Co., Ltd.
Exporter: Chint Solar (Hong Kong) Company Limited; Chint Solar (Jiuquan) Co., Ltd.; Chint Solar (Zhejiang) Co., Ltd.; Chint New Energy Technology (Haining) Co., Ltd.
Case number: A-570-979-136
Exporter: JA Solar Technology Yangzhou Co., Ltd.
Case number: A-570-979-106
Third-country case number: A-122-988-006
Exporter: Jiawei Solarchina Co., Ltd.
Case number: A-570-979-116
Entries may also have been made under A-570-979-000.
Exporter: JingAo Solar Co., Ltd.
Case number: A-570-979-108
Exporter: Longi Solar Technology Co. Ltd.
Case number: A-570-979-131
Exporter: Risen Energy Co. Ltd.; Risen Energy (Changzhou) Co., Ltd.; Risen (Wuhai) New Energy Co., Ltd.; Zhejiang Twinsel Electronic Technology Co., Ltd.; Risen (Luoyang) New Energy Co., Ltd.; Jiujiang Shengchao Xinye Technology Co., Ltd.; Jiujiang Shengzhao Xinye Trade Co., Ltd.; Ruichang Branch, Risen Energy (HongKong) Co., Ltd.; Risen Energy (YIWU) Co., Ltd.
Case number: A-570-979-141
Exporter: Shanghai BYD Co., Ltd.
Case number: A-570-979-091
Exporter: Shanghai JA Solar Technology Co., Ltd.
Case number: A-570-979-120
Exporter: Shenzhen Topray Solar Co., Ltd.
Case number: A-570-979-092
Exporter: Wuxi Tianran Photovoltaic Co., Ltd.
Case number: A-570-979-126
Exporter: Xiamen Yiyusheng Solar Co., Ltd.
Case number: A-570-979-147
This case number was in place during only a portion of the period. Entries may also have been made under A-570-970-000.
Exporter: Red Sun Energy Long An Company Limited a.k.a Red Sun Energy Co., Ltd.
No case number was in place for this company during the period of review.
Entries may have been made under A-570-979-000 or other company-specific case numbers.
2.
Commerce is currently conducting a scope inquiry on whether an off-grid solar charging module with part numbers GC4291F, GC4291FE, GC3291F, or GC3291FE that is imported by GameChange Solar Corp., is 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 3298403, dated October 25, 2023, Commerce instructed CBP to continue to suspend entries of the merchandise covered by the inquiry that are already subject to suspension of liquidation under the antidumping and countervailing duty orders.
Entries of products covered by that message should not be liquidated until specific liquidation instructions are issued.
3. Commerce is currently conducting a scope inquiry on whether certain solar modules that HT Solar Enerji AS manufactures in the Republic of Turkiye 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 4229404, dated August 16, 2024, Commerce instructed CBP to continue to suspend entries of the merchandise covered by the inquiry that are already subject to suspension of liquidation under the antidumping and countervailing duty orders.
Entries of products covered by that message 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 the publication of the notice of final results and rescission in part of the administrative review (89 FR 55562, 07/05/2024).
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