China Solar Cells: Details of AD Duty Order, 74 Revised Rates

(The ITA also issued an order for the companion countervailing (CV) duty determination. See ITT's Online Archives 12120630 for summary of CV order.)

Gap Period of No AD Suspension of Liq or AD Duties for Nov. 23 - Dec. 5

For this investigation, the six month provisional measures period for which the AD suspension of liquidation may remain in effect before the order is issued began on May 25, 2012 (the publication date of the preliminary determination) and ended on Nov. 21, 2012.

Because the publication date of the International Trade Commission's final affirmative injury determination is Dec. 6, the ITA said all entries of subject merchandise between Nov. 22 and Dec. 5 (the gap period) are not liable for AD duty assessment.

(For entries with a time of entry on or after May 25, 2012 through Nov. 21, 2012, suspension of liquidation and AD duty liability remain in effect.)

Refund on Cash Deposits Collected for Critical Circumstances

In its final injury determination, the ITC said AD critical circumstances did not exist for imports of solar cells from China. AD cash deposits collected for entries of subject merchandise between Feb. 25, 2012 and May 24, 2012, collected because of the ITA's determination of critical circumstances, will be refunded.

AD Suspension of Liq Instructions

Suspension of liquidation resumes for all entries of subject merchandise from China with a time of entry on or after Dec. 6. the date that the final ITC affirmative injury determination was published.

AD Cash Deposit Instructions

An AD cash deposit requirement is also in effect for subject merchandise from China with a time of entry on or after Dec. 6.

The ITA will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the revised AD duty rates listed below, adjusted for export subsidies, for all entries of subject merchandise from China with a time of entry on or after Dec. 6, as follows:

(See notice for additional details, including the full scope description, the assessment instructions, etc.

See ITT's Online Archives 12110817 for summary of ITC vote on final affirmative injury. See ITT's Online Archives 12101620 for summary of AD final determination.)

ITC final injury determination published (FR Pub 12/06/11) here.

ITA contact - Jeffrey Pedersen (202) 482-2769

(FR Pub 12/07/11)