Solar Cells: Details of AD/CVD Orders for Cambodia, Malaysia, Thailand and Vietnam

The orders set permanent antidumping and countervailing duties that will remain in place unless revoked by Commerce, which may only take place under certain conditions, such as a sunset or changed circumstances review. Commerce now will begin conducting annual administrative reviews, if requested, to determine final assessments of AD/CVD on importers and make changes to cash deposit rates.

Because the International Trade Commission in its final determinations for Cambodia and Thailand found only a threat of injury, rather than actual injury, AD/CVD imposed on Cambodia and Thailand as a result of this order can only cover entries beginning on the date the ITC published its final injury determination, i.e., June 13. As a result, Commerce will end suspension of liquidation for all entries of solar cells from Cambodia and Thailand prior to June 13, and will order the refund all associated cash deposits. Commerce will begin suspending liquidation and requiring AD/CVD cash deposits for entries from Cambodia and Thailand on or after June 13.

Commerce also will order the refund of all retroactive AD/CVD cash deposits collected on solar cells from Vietnam, because the ITC reversed Commerce's findings of critical circumstances for the country. That means Commerce will refund all AD cash deposits collected on exports from the Vietnam-wide entity prior to Dec. 4, 2024. It also will refund all CVD cash deposits collected on exports from Boviet prior to April 25, 2025, and CVD cash deposits collected on exports from all other Vietnamese companies except JA Solar prior to Oct. 4.

The orders detail a “gap period” of no CVD liability for subject merchandise from Malaysia and most companies from Vietnam that was entered Feb. 1, 2025, through June 12, 2025. Likewise, there's a gap period of no AD liability for subject merchandise from Malaysia and Vietnam entered June 2-12, 2025. Commerce may only suspend liquidation for a four-month period for CVD, and for six months for AD, without a published International Trade Commission affirmative injury determination.

For the Vietnamese exporter Boviet, Commerce didn't suspend liquidation for CVD purposes until later in these investigations, so CVD suspension of liquidation remains in effect and no CVD gap period applies (though the AD gap period still applies).

Commerce will order CBP to liquidate, without regard to AD or CVD, any entries during these respective gap periods. Subject merchandise entered during the CVD gap period but outside the AD gap period (i.e., Feb. 1, 2025, through June 1, 2025) will be assessed only AD.

Commerce calculated a zero percent AD rate for Hanwha Q Cells Malaysia in its final determination. As a result, any merchandise both produced and exported by Hanwha Malaysia is exempt from the AD order on Malaysia. Suspension of liquidation and cash deposit requirements still apply to Hanwha for CVD purposes.

CVD Cash Deposit Instructions

Commerce will require importers to pay CVD cash deposits on subject merchandise entered on or after June 13. CVD cash deposits will be required at the following rates, as amended from the final determinations for Malaysia and Thailand (dates in the "Sus Liq" column refer to the first date liquidation is now suspended under these orders):

Cambodia

Malaysia

Thailand

Vietnam

AD Cash Deposit Instructions

An AD cash deposit requirement is also in effect for subject merchandise entered on or after June 13. Commerce will instruct CBP to require, at the same time that importers deposit estimated duties, a cash deposit equal to the rates listed below, as amended from the final determination for Vietnam (dates in the "Sus Liq" column refer to the first date liquidation is now suspended under these orders).

Cambodia

Malaysia

Thailand

Vietnam

*As adjusted for export subsidies found in the concurrent CVD investigation. This rate is now in effect as the AD cash deposit rate.

(See the notice for additional details, including the full scope description, etc. See 2504240073 for a summary of the final AD determinations, and 2504240057 for summary of the final CVD determinations.)