Vietnamese Exporter Now Eligible for Exemption From Circumvention Duties on SE Asia Solar Cells
A Vietnamese exporter is now eligible for certification processes to exempt Vietnamese solar cells from antidumping and countervailing duties on solar cells from China (A-570-979/C-570-980), the Commerce Department said in a Nov. 12 notice.
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Red Sun Energy Long An Company Limited had been found ineligible for the certifications, which are available for exempt exporters and cells and modules made without Chinese wafers or have only minor Chinese content, when Commerce issued its final circumvention determination on Southeast Asian solar cells in 2022 (see 2212070025). However, the Court of International Trade recently approved a settlement in a legal challenge to that finding that returns Red Sun to eligibility for the certifications.
Red Sun was previously eligible for the certification for solar cells entered during the two-year “grace period” that applied to the certification case, and remains so.
The change takes retroactive effect as of April 1, 2022, which is the date the circumvention inquiry was initiated and AD/CVD began to apply. Importers and exporters of unliquidated entries on or after that date, and through Nov. 26, 2024, must complete and sign certifications for those entries by Dec. 27 if they want to use them. Certifications may cover multiple entries.
Beginning Nov. 27, 2024, importer certifications are due by time of entry summary, and exporters must provide certifications to importers by date of shipment.