Solar Cells: Commerce Issues Final CVD Determination in SE Asia Cases
The Commerce Department issued its final determination in its countervailing duty investigation of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia (C-555-004), Malaysia (C-557-831), Thailand (C-549-852) and Vietnam (C-552-842), finding countervailable subsidization of producers and exporters in the four countries. Suspension of liquidation is currently not in effect for entries on or after Feb. 1, and Commerce will require cash deposits of estimated CVD on future entries only if it issues a CVD order.
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Commerce also issued affirmative final determinations in its concurrent AD investigations on crystalline silicon photovoltaic cells from Cambodia, Malaysia, Thailand and Vietnam, setting AD rates at 125.37% for Cambodia, and ranging from zero percent to 81.24% for Malaysia, fromi 111.45% to 202.9% for Thailand, and from 58.07% to 271.28% for Vietnam (see 2504240073).
New ​Critical Circumstances Finding for Exporters Trina Solar and Boviet Solar
After calculating a zero percent CVD rate for Thai exporter Trina Solar and Vietnamese exporter Boviet Solar Technology in the preliminary results, Commerce reversed course and raised the rates for all three in its final determination. It also found the companies increased their exports to the U.S. in the months before the final determination. These “critical circumstances” findings by the agency allow it to retroactively suspend liquidation and require CVD cash deposits for subject merchandise from these companies to 90 days before this final determination, i.e., Jan. 26, 2025.
Commerce also continued to find that most exporters from Thailand and Vietnam increased their exports to the U.S. in the months before the preliminary determination. Retroactive suspension of liquidation for subject merchandise from these companies continues to 90 days before this investigation's preliminary determination, i.e., July 6, 2024.
The department continued to find that critical circumstances do not exist for Vietnamese exporter JA Solar.
CVD Susp/Cash Deposit Through Jan. 31
For now, Commerce has instructed CBP to continue the suspension of liquidation of subject merchandise from Cambodian and Malaysian companies, and from Vietnamese company JA Solar, entered Oct. 4, 2024, through Jan. 31, 2025. It instructed CBP to continue the suspension of liquidation of subject merchandise from some Thai and Vietnamese companies entered July 6, 2026 through Jan. 31, 2025
CVD Liq Reinstated and No CVD Cash Deposit as of Feb. 1 for Most Exporters
Commerce previously instructed CBP to discontinue the suspension of liquidation for CVD purposes and the collection of CVD cash deposits for subject merchandise from Cambodia and Malaysia on or after Feb. 1, the expiration date of the 120-day “provisional measures” period during which Commerce can suspend liquidation without a CVD order in place. This reinstatement will apply to all exporters except Trina Solar and Boviet Solar Technology, which aren't subject to a gap period.
CV Liq to Be Suspended Again and CVD Cash Deposit Required If Order Issued
If the International Trade Commission issues a final affirmative injury determination, Commerce will issue a CVD order, reinstate the CVD suspension of liquidation for all exporters and require a cash deposit of estimated CVD for entries of subject merchandise at the revised CVD rates listed below.
Cambodia
| Company | CVD Rate | Sus Liq |
|---|---|---|
| Solarspace New Energy (Cambodia) Co., Ltd. | 534.67% | 10/04/24 |
| Jintek Photovoltaic Technology Co., Ltd | 3,403.96% | 10/04/24 |
| Hounen Solar Inc Co., Ltd. | 3,403.96% | 10/04/24 |
| ISC Cambodia | 3,403.96% | 10/04/24 |
| Solar Long PV-Tech (Cambodia) Co., Ltd. | 3,403.96% | 10/04/24 |
| All Others | 534.67% | 10/04/24 |
Malaysia
| Company | CVD Rate | Sus Liq |
|---|---|---|
| Hanwha Q CELLS Malaysia Sdn. Bhd. | 14.64% | 10/04/24 |
| Jinko Solar Technology Sdn Bhd / Jinko Solar (Malaysia) Sdn. Bhd. / Omega Solar Sdn. Bhd. | 38.38% | 10/04/24 |
| Baojia New Energy | 168.8% | 10/04/24 |
| Pax Union Resources SDN BHD | 168.8% | 10/04/24 |
| SunMax Energy SDN BHD. | 168.8% | 10/04/24 |
| All Others | 32.49% | 10/04/24 |
Thailand
| Company | CVD Rate | Sus Liq |
|---|---|---|
| Trina Solar Science & Technology (Thailand) Ltd. | 263.74% | 01/26/25 |
| Sunshine Electrical Energy | 799.55% | 07/06/24 |
| Taihua New Energy (Thailand) Co. Ltd. | 799.55% | 07/06/24 |
| All Others | 263.74% | 07/06/24 |
Vietnam
| Company | CVD Rate | Sus Liq |
|---|---|---|
| Boviet Solar Technology Co., Ltd. | 230.66% | 01/26/25 |
| JA Solar Vietnam Company Limited; JA Solar PV Vietnam Company Limited; JA Solar NE Vietnam Company Limited | 68.15% | 10/04/24 |
| GEP New Energy Viet Nam Company Limited | 542.64% | 07/06/24 |
| Vietnam Green Energy Commercial Services Company Ltd. | 542.64% | 07/06/24 |
| Shengtian New Energy Vina Co., Ltd | 542.64% | 07/06/24 |
| HT Solar Vietnam Limited Company | 542.64% | 07/06/24 |
| All Others | 124.57% | 07/06/24 |
(The period of investigation is 01/01/23 - 12/31/23. See Commerce's notice for more information, including the scope, suspension of liquidation, etc. See 2410030041 for a summary of the preliminary determinations of these CVD investigations.)