Solar Cells: Prelim AD Cash Deposit Rates Take Effect for Southeast Asian Cos.
The Commerce Department made preliminary affirmative antidumping duty determinations that imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia (A-555-003), Malaysia (A-557-830), Thailand (A-549-851) and Vietnam (A-552-841) are being sold in the U.S. at less than fair value. AD suspension of liquidation and cash deposit requirements will generally take effect for entries on or after Dec. 4, the date that the preliminary determinations are scheduled to be published in the Federal Register, but Commerce is making the suspension of liquidation and AD cash deposits retroactive to approximately Sept. 5 for some Vietnamese and all Thai companies.
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Commerce is also conducting countervailing duty investigations on solar cells from Cambodia, Malaysia, Thailand and Vietnam, setting CVD rates ranging from 8.25% to 68.45% for Cambodian companies, 3.57% to 123.94% for Malaysian companies, zero to 34.52% for Thai companies and zero to 292.61% for Vietnamese companies. Suspension of liquidation for CVD purposes and CVD cash deposit requirements generally took effect Oct. 4, 2024, but they took retroactive effect for all Thai exporters except Trina, as well as all Vietnamese exporters except Boviet and JA Solar, as of July 6, 2024 (see 2410030041).
Commerce calculated a zero percent AD rates for Hanwha Q Cells Malaysia. As a result, Hanwha Malaysia will not be subject to AD suspension of liquidation or AD cash deposit requirements under the Malaysia AD investigation until further notice. If Commerce continues to set a zero rate for Hanwha Malaysia in its final determination, any merchandise both produced and exported by Hanwha Malaysia will be exempt from any AD order issued in connection with that investigation. Suspension of liquidation and cash deposit requirements would still apply to Hanwha for CVD purposes.
Off-Grid Panel Exemptions Added to Scope
Commerce is modifying the scope of its AD/CVD investigations on solar cells from Cambodia, Malaysia, Thailand and Vietnam to add exemptions for several types of off-grid panels. The petitioners that originally asked for the investigations agreed to the exemptions.
Cash Deposits Retroactive 90 Days for All Thai, Some Vietnamese Companies
Commerce made a finding that all exporters of solar cells from Thailand, as well all exporters from Vietnam except Jinko Solar and JA Solar Vietnam, increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively suspend liquidation and require AD cash deposits for subject merchandise from these companies 90 days before the preliminary determination, i.e., Sept. 5, 2024.
For JA Solar Vietnam and Jinko Solar (Vietnam), as well as all Cambodian and Malaysian exporters, suspension of liquidation and AD cash deposit requirements take effect Dec. 4.
AD Suspension of Liquidation and Cash Deposit Requirements
Commerce will instruct CBP to suspend liquidation for AD purposes for all entries of subject merchandise that are entered, or withdrawn from warehouse, on or after the dates listed in the tables below, and require cash deposits at the following rates:
Cambodia
| Exporter/Producer | AD Rate | Adjusted* | Sus Liq |
|---|---|---|---|
| Hounen Solar Inc. Co. Ltd. | 125.37% | 117.12% | 12/04/24 |
| Solar Long PV Tech Cambodia Co. | 125.37% | 117.12% | 12/04/24 |
| All Others | 125.37% | 117.12% | 12/04/24 |
Malaysia
| Exporter/Producer | AD Rate | Adjusted* | Sus Liq |
|---|---|---|---|
| Hanwha Q Cells Malaysia Sdn. Bhd. | zero | zero | 12/04/24 |
| Jinko Solar Technology Sdn. Bhd. | 21.31% | 17.84% | 12/04/24 |
| Baojia New Energy Manufacturing Sdn. | 81.24%* | 81.24% | 12/04/24 |
| CRC Solar Cell Joint Stock Company | 81.24%* | 81.24% | 12/04/24 |
| Lynter Enterprise | 81.24%* | 81.24% | 12/04/24 |
| Mega PP Sdn. Bhd. | 81.24%* | 81.24% | 12/04/24 |
| All Others | 21.31% | 17.84% | 12/04/24 |
Thailand
| Exporter/Producer | AD Rate | Adjusted* | Sus Liq |
|---|---|---|---|
| Trina Solar Science & Technology (Thailand) Ltd. | 77.85% | N/A | 09/05/24 |
| Sunshine Electrical Energy | 154.68% | N/A | 09/05/24 |
| Taihua New Energy(Thailand) Co. Ltd. | 154.68% | N/A | 09/05/24 |
| All Others | 77.85% | 57.66% | 09/05/24 |
Vietnam
| Producer | Exporter | AD Rate | Adjusted* | Sus Liq |
|---|---|---|---|---|
| JA Solar Vietnam Co. Ltd./JA Solar PV | JA Solar Vietnam Co. Ltd. | 53.3% | 53.19% | 12/04/24 |
| Jinko Solar (Vietnam) Industries Company Limited | Jinko Solar (Vietnam) Industries Company Limited | 56.51% | 56.4% | 12/04/24 |
| Blue Moon Vina Co. | Blue Moon Vina Co. | 54.46% | 54.35% | 09/05/24 |
| Boviet Solar Technology Co., Ltd. | Boviet Solar Technology Co., Ltd. | 54.46% | 54.46% | 09/05/24 |
| Elite Solar Technology (Vietnam) Company Limited | Elite SNG | 54.46% | 54.35% | 09/05/24 |
| Letsolar Vietnam Company Limited | Letsolar Vietnam Company Limited | 54.46% | 54.35% | 09/05/24 |
| Mecen Solar Vina Co., Ltd. | Mecen Solar Vina Co., Ltd. | 54.46% | 54.35% | 09/05/24 |
| Nexuns Vietnam Company Limited | Nexuns Vietnam Company Limited | 54.46% | 54.35% | 09/05/24 |
| Trina Solar Energy Development Company Ltd. | Trina Solar Energy Development Company Ltd. | 54.46% | 54.35% | 09/05/24 |
| Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy) | Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy) | 54.46% | 54.35% | 09/05/24 |
| Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited) | Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited) | 54.46% | 54.35% | 09/05/24 |
| Vietnam-Wide Entity | 271.28% | 271.28% | 09/05/24 |
*As adjusted for export subsidies found in Commerce's concurrent CVD investigation. This rate is currently in effect for cash deposit purposes, and will remain in effect while Commerce is collecting CVD cash deposits. If the “provisional measures” period in the CVD investigation expires, the rate in the “AD Rate” column will take effect for cash deposit purposes, until such time that CVD collection resumes.
(The period of investigation is 04/01/23 - 03/31/24 for Cambodia, Malaysia and Thailand; for Vietnam, the period of investigation is 10/01/23 - 03/31/24. See Commerce's notice for more information, including the scope, suspension of liquidation, etc. See 2405170026 for a summary of the initiation of these AD investigations.)