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China Solar Cells: CV Rates Increased in Final Determination

The International Trade Administration issued its final affirmative countervailing duty determination on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (C-570-980), which increased the CV rates for all Chinese companies. Although this final determination takes effect Oct. 17, 2012, ITA will only require CV cash deposits of estimated CV duties if it issues a CV order.

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(The ITA has also issued a final affirmative determination in the companion antidumping duty determination. See ITT's Online Archives 12101620 for summary.)

CV Susp/Cash Deposit thru July 23

The ITA has instructed CBP to continue the suspension of liquidation of all entries from Dec. 27, 2011 through July 23, 2012.

CV Liq Reinstated and No CV Cash/Bond as of July 24

The ITA has also instructed CBP to discontinue the suspension of liquidation for CV duty purposes and the collection of CV duty cash deposits or bonds for subject merchandise entered on or after July 24, 2012.

CV Liq to be Suspended Again & CV Cash Deposit Required if Order Issued

The ITA will issue a CV duty order, reinstate the suspension of liquidation, and require a cash deposit of estimated CV duties for entries of subject merchandise at the revised CV rates listed below if the International Trade Commission issues a final affirmative injury determination:

(Note that there is no CV duty liability during the "gap period" of July 24 until the date an ITC final affirmative injury determination is published in the Federal Register.)

CompanyCV Rate
Changzhou Trina Solar Energy Co., Ltd. / Trina Solar (Changzhou) Science and Technology Co., Ltd.15.97% (from 4.73%)
Wuxi Suntech Power Co., Ltd. / Luoyang Suntech Power Co., Ltd. / Suntech Power Co., Ltd. / Yangzhou Rietech Renewal Energy Co., Ltd. / Zhenjiang Huantai Silicon Science & Technology Co., Ltd. / Kuttler Automation Systems (Suzhou) Co., Ltd. / Shenzhen Suntech Power Co., Ltd. / Wuxi Sunshine Power Co., Ltd. / Wuxi University Science Park International Incubator Co., Ltd. / Yangzhou Suntech Power Co., Ltd. / Zhenjiang Rietech New Energy Science & Technology Co., Ltd14.78% (from 2.90%)
All Others15.24% (from 3.61%)

(The period of investigation is 01/01/10 -- 12/31/10. See ITA’s notice for more information, including the ITA’s finding of critical circumstances, the scope of the order (unchanged since the preliminary determination), detailed instructions on cash deposit and assessment rates, changes since the preliminary determination, etc. See ITT’s Online Archives 12032602 for summary of the preliminary determination of this investigation, and 12020314 for summary of preliminary determination of CV critical circumstances. See ITT’s Online Archives 12101102 for summary of ITA fact sheet on this final determination, as well as the companion AD final determination.)

ITA Contact -- Gene Calvert (202) 482-3586

(FR Pub 10/17/12)