China Solar Cells: AD Rates Reduced for Most in Final Determination

(When collecting cash deposits, the ITA said it will reduce some of the companies' AD rates found in this AD final determination by the respective amount determined to constitute export subsidies in this case's companion countervailing duty final determination. However, the companion CV investigation is currently in its "gap period", during which no CV duty liability exists. In past cases, the ITA has accounted for gap periods in companion CV cases by collecting the full and unadjusted AD rate determined in the AD final determination, without adjustment for export subsidies, until the effective date of the CV order (and end of the CV "gap period"), at which point adjustment of AD rates for export subsidies begins. (See ITT's Online Archives 12101621 for summary of final determination in this case's companion CV investigation.)

Suspension of Liquidation and Critical Circumstances

The ITA continued to find that critical circumstances exist for Trina, the separate rate respondents, and the China-wide entity, and is instructing CBP to continue to suspend liquidation of all imports of subject merchandise exported by these companies that were entered on or after 90 days prior to the publication date of the preliminary determination (i.e., on or about Feb. 25).

However, in a reversal of its preliminary determination, the ITA said critical circumstances do not exist for Wuxi Suntech. The ITA will direct CBP to suspend liquidation of all imports of subject merchandise entered on or after May 25. The ITA also said it will instruct CBP to issue a refund for all entries of subject merchandise that previously were subject to cash deposit requirements because of its preliminary determination of critical circumstances.

Estimated AD Cash Deposit/Bond Rates Revised

The ITA will instruct CBP to require an AD cash deposit or the posting of a bond, for all imports of subject merchandise which were entered, or withdrawn from warehouse, for consumption on or after Oct. 17, equal to the following revised AD rates (potentially adjusted for export subsidies found in the companion CV final determination):

(The period of investigation is 04/01/11 -- 09/30/11. See ITA’s notice for more information, including the scope of the investigation (unchanged since the preliminary results), detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See ITT’s Online Archives [Ref;11110210] for summary of the preliminary determination of this investigation, and for summary of the announcement of this final determination.)

ITA Contact -- Jeffrey Pedersen (202) 482-2769