Solar Cells: Commerce Issues Final AD Determinations in SE Asia Cases
The Commerce Department issued its final affirmative determinations in the antidumping duty investigations on 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). Changes to cash deposit requirements set in these final determinations take effect April 25, the date they were published in the Federal Register.
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The next step is for the International Trade Commission to make its final injury determinations, currently scheduled for June 2, according to a Commerce fact sheet. If the ITC finds injury, Commerce will issue AD orders and duties will be made permanent. If the ITC finds no injury for any of these countries, the relevant investigation will be terminated and all cash deposits refunded.
Commerce calculated a zero percent AD rates for Hanwha Q Cells Malaysia. As a result, any merchandise both produced and exported by Hanwha Malaysia will be exempt from any AD order issued in connection with this investigation. Suspension of liquidation and cash deposit requirements still apply to Hanwha for CVD purposes.
Commerce also issued affirmative final determinations in its concurrent CVD investigations on crystalline silicon photovoltaic cells from Cambodia, Malaysia, Thailand and Vietnam, setting CVD rates ranging from 534.67% to 3,403.96% for Cambodia, 14.64% to 168.8% for Malaysia, 263.74% to 799.55% for Thailand and 68.15% to 542.64% for Vietnam (see 2504240057).
​Continued Critical Circumstances Findings for Thailand and Vietnam
Commerce continued to find that all exporters from Thailand and the Vietnam-wide entity 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 to 90 days before this investigation's preliminary determination, i.e., Sept. 5.
On the other hand, retroactive suspension of liquidation will end for the nine individually investigated companies assigned a separate rate (i.e., all companies except Jinko and JA Solar and the Vietnam-wide entity), after Commerce reversed its preliminary critical circumstances finding for the company. Commerce will end suspension of liquidation of entries from these companies prior to Dec. 4, and refund any AD cash deposits collected before that date. Entries Dec. 4 and after are still subject to suspension of liquidation and AD cash deposit requirements.
Estimated AD Cash Deposit Rates
If the ITC issues a final affirmative injury determination, Commerce will issue an AD order, reinstate the AD suspension of liquidation for all exporters and require a cash deposit of estimated AD for entries of subject merchandise at the revised AD rates listed below.
Cambodia
| Exporter/Producer | AD Rate | Adjusted* | Sus Liq |
|---|---|---|---|
| Hounen Solar Inc. Co. Ltd. | 125.37% | 117.18% | 12/04/24 |
| Solar Long PV Tech Cambodia Co. | 125.37% | 117.18% | 12/04/24 |
| All Others | 125.37% | 117.18% | 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. | 8.59% | 1.92% | 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 | 8.59% | 1.92% | 12/04/24 |
Thailand
| Exporter/Producer | AD Rate | Adjusted* | Sus Liq |
|---|---|---|---|
| Trina Solar Science & Technology (Thailand) Ltd. | 111.45% | 111.45% | 09/05/24 |
| Sunshine Electrical Energy | 202.90% | 172.68% | 09/05/24 |
| Taihua New Energy(Thailand) Co. Ltd. | 202.90% | 172.68% | 09/05/24 |
| All Others | 111.45% | 111.45% | 09/05/24 |
Vietnam
| Producer | Exporter | AD Rate | Adjusted* | Sus Liq |
|---|---|---|---|---|
| JA Solar Vietnam Co. Ltd./JA Solar PV | JA Solar Vietnam Co. Ltd. | 58.07 % | 52.54% | 12/04/24 |
| Jinko Solar (Vietnam) Industries Company Limited | Jinko Solar (Vietnam) Industries Company Limited | 125.91% | 120.38% | 12/04/24 |
| Blue Moon Vina Co. | Blue Moon Vina Co. | 82.65% | 77.12% | 12/04/24 |
| Boviet Solar Technology Co., Ltd. | Boviet Solar Technology Co., Ltd. | 82.65% | 77.12% | 12/04/24 |
| Elite Solar Technology (Vietnam) Company Limited | Elite SNG | 82.65% | 77.12% | 12/04/24 |
| Letsolar Vietnam Company Limited | Letsolar Vietnam Company Limited | 82.65% | 77.12% | 12/04/24 |
| Mecen Solar Vina Co., Ltd. | Mecen Solar Vina Co., Ltd. | 82.65% | 77.12% | 12/04/24 |
| Nexuns Vietnam Company Limited | Nexuns Vietnam Company Limited | 82.65% | 77.12% | 12/04/24 |
| Trina Solar Energy Development Company Ltd. | Trina Solar Energy Development Company Ltd. | 82.65% | 77.12% | 12/04/24 |
| Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy) | Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd. (collectively, Vietnergy) | 82.65% | 77.12% | 12/04/24 |
| Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited) | Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Company Limited) | 82.65% | 77.12% | 12/04/24 |
| Vietnam-Wide Entity | 271.28% | 271.28% | 09/05/24 |
*As adjusted for export subsidies found in the concurrent CVD investigation. This adjustment is not in effect, and will only be the cash deposit rate once CVD collection resumes upon publication of the ITC's final injury determination.
(The period of investigation is 10/04/23 - 03/31/24. See Commerce’s notice for more information, including the scope of the investigation, detailed instructions on cash deposit rates, etc. See 2412030052 for a summary of the preliminary determinations of these investigations)