China Solar Cells: Details of CV Duty Order
The International Trade Administration issued a countervailing order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China (C-570-980). The order details a "gap period" of July 24 -- Dec. 5 of no CV duty liability due to the expiration of the provisional measures period. Also, CV cash deposits collected between Dec. 27, 2011 and March 25, 2012 will be refunded because of the International Trade Commission's determination of no critical circumstances.
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(The ITA also issued an order for the companion antidumping duty determination. See ITT's Online Archives 12120633 for summary of AD amended final determination and order.)
Gap Period of No CV Suspension of Liq or CV Duties for July 24 - Dec. 5
For this investigation, the four-month provisional measures period for which the CV suspension of liquidation may remain in effect before the order is issued began on March 26, 2012 (the publication date of the preliminary determination) and ended July 23, 2012, the date the ITA instructed CBP to terminate suspension of liquidation.
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 July 24 and Dec. 5 (the gap period) are not liable for CV duty assessment.
(For entries with a time of entry on or after March 26, 2012, through July 23, 2012, suspension of liquidation and CV duty liability remains in effect.)
Refund on Cash Deposits Collected for Critical Circumstances
In its final injury determination, the ITC said CV critical circumstances did not exist for imports of solar cells from China. CV cash deposits collected for entries of subject merchandise between Dec. 27, 2011 and March 25, 2012, collected because of the ITA's determination of critical circumstances, will be refunded.
CV Suspension of Liq Instructions
Suspension of liquidation resumes for all entries of subject merchandise from China with a time of entry beginning Dec. 6, the publication date of the final ITC affirmative injury determination.
CV Cash Deposit Instructions
A CV cash deposit requirement is also in effect for subject merchandise from China with a time of entry beginning Dec. 6.
The ITA will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the CV duty rates listed below for all entries of subject merchandise from China with a time of entry beginning Dec. 6, 2012, as follows:
| Company | CV Rate |
|---|---|
| Changzhou Trina Solar Energy Co., Ltd. / Trina Solar (Changzhou) Science and Technology Co., Ltd. | 15.97% |
| 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., Ltd | 14.78% |
| All Others | 15.24% |
(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 12101621 for summary of CV final determination.)
ITC final injury determination published (FR Pub 12/06/12) here.
ITA contact -- Gene Calvert (202) 482-3586
(FR Pub 12/07/12)