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Notice2022-26671

Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Affirmative Determinations of Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam

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Published

December 8, 2022

Issuing agencies

Commerce DepartmentInternational Trade Administration

Abstract

The U.S. Department of Commerce (Commerce) preliminarily determines that, except as noted below, imports of certain crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells and modules), that were exported from the Kingdom of Cambodia (Cambodia), Malaysia, the Kingdom of Thailand (Thailand), or the Socialist Republic of Vietnam (Vietnam) using parts and components produced in the People's Republic of China (China), as specified below, are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on solar cells and modules from China.

Full Text

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<title>Federal Register, Volume 87 Issue 235 (Thursday, December 8, 2022)</title>
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[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75221-75231]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26671]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]

Antidumping and Countervailing Duty Orders on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, From the
People's Republic of China: Preliminary Affirmative Determinations of
Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam

AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that, except as noted below, imports of certain crystalline
silicon photovoltaic cells, whether or not assembled into modules
(solar cells and modules), that were exported from the Kingdom of
Cambodia (Cambodia), Malaysia, the Kingdom of Thailand (Thailand), or
the Socialist Republic of Vietnam (Vietnam) using parts and components
produced in the People's Republic of China (China), as specified below,
are circumventing the antidumping duty (AD) and countervailing duty
(CVD) orders on solar cells and modules from China.

DATES: Applicable December 8, 2022.

FOR FURTHER INFORMATION CONTACT: Jose Rivera, Toni Page, and Peter Shaw
(Cambodia and Malaysia) and Jeff Pedersen and Paola Aleman Ordaz
(Thailand and Vietnam), Offices VII and IV, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0842, (202) 482-1398, (202) 482-0697, (202) 482-2769, and (202) 482-
4031, respectively.

SUPPLEMENTARY INFORMATION:

Background

On December 7, 2012, Commerce published in the Federal Register AD
and CVD orders on U.S. imports of solar cells and modules from
China.\1\ On February 8, 2022, pursuant to section 781(b) of the Tariff
Act of 1930, as

[[Page 75222]]

amended (the Act), and 19 CFR 351.226(c), Auxin Solar Inc. (Auxin), a
domestic producer of solar modules, alleged that solar cells and
modules completed in Cambodia, Malaysia, Thailand, or Vietnam using
parts and components manufactured in China are circumventing the Orders
\2\ and, accordingly, should be covered by the scope of the Orders.\3\
On April 1, 2022, Commerce initiated the requested circumvention
inquiries.\4\
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (Solar Cells
AD Order); see also Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled Into Modules, from the People's Republic of China:
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (Solar
Cells CVD Order) (collectively, Orders).
\2\ Id.
\3\ Id.
\4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China:
Initiation of Circumvention Inquiry on the Antidumping Duty and
Countervailing Duty Orders, 87 FR 19071 (April 1, 2022) (Initiation
Notice).
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On May 12, 2022, Commerce selected two respondents from each of the
examined third countries as the mandatory respondents in these
circumvention inquiries.\5\
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\5\ See Memoranda, ``Circumvention Inquiry with Respect to
Cambodia: Respondent Selection''; ``Circumvention Inquiries With
Respect to Malaysia: Respondent Selection''; ``Circumvention Inquiry
With Respect to Thailand: Respondent Selection''; and
``Circumvention Inquiry With Respect to the Socialist Republic of
Vietnam: Respondent Selection,'' all dated May 12, 2022.
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On August 22, 2022, Commerce extended the deadline for issuing the
preliminary determinations in these circumvention inquiries by 90 days,
until November 28, 2022.\6\ On November 14, 2022, Commerce further
extended the deadline for issuing the preliminary determinations in
these circumvention inquiries by three days, until December 1, 2022.\7\
For a complete description of the events that followed the initiation
of these circumvention inquiries, see the Preliminary Decision
Memoranda.\8\ A list of topics included in the Preliminary Decision
Memoranda are included as Appendix I to this notice. The Preliminary
Decision Memoranda are public documents and are on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memoranda can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\6\ See Auxin's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules from the People's
Republic of China: Request for Extension of the Deadline for the
Preliminary Determination and the Deadline for Pre-Preliminary
Comments,'' dated August 11, 2022; and Memorandum, ``Extension of
Preliminary Determinations in Circumvention Inquiries,'' dated
August 22, 2022.
\7\ See Commerce's Letter, ``Second Extension of Preliminary and
Final Determinations in Circumvention Inquiries,'' dated November
14, 2022.
\8\ See Memoranda, ``Preliminary Decision Memorandum for the
Circumvention Inquiry With Respect to Cambodia;'' ``Preliminary
Decision Memorandum for the Circumvention Inquiry With Respect to
Malaysia''; ``Preliminary Decision Memorandum for the Circumvention
Inquiry With Respect to Thailand''; and ``Preliminary Decision
Memorandum for the Circumvention Inquiry With Respect to Vietnam;''
all dated concurrently with, and hereby adopted by, this notice
(collectively, Preliminary Decision Memoranda).
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Scope of the Orders

The products subject to the Orders are solar cells and modules. For
a full description of the scope of the Orders, see the Preliminary
Decision Memoranda.

Merchandise Subject to the Circumvention Inquiries

These circumvention inquiries cover certain solar cells and modules
that have been completed in Cambodia, Malaysia, Thailand, or Vietnam,
using parts and components from China, as specified below, that are
then subsequently exported from Cambodia, Malaysia, Thailand, or
Vietnam to the United States (inquiry merchandise).
Specifically, these circumvention inquiries cover: (A) crystalline
silicon photovoltaic cells that meet the physical description of
crystalline silicon photovoltaic cells in the scope of the underlying
Orders, subject to the exclusions therein, whether or not partially or
fully assembled into other products, that were produced in Cambodia,
Malaysia, Thailand, or Vietnam, from wafers produced in China; and (B)
modules, laminates, and panels consisting of crystalline silicon
photovoltaic cells, subject to the exclusions for certain panels in the
scope of the underlying orders, whether or not partially or fully
assembled into other products, that were produced in Cambodia,
Malaysia, Thailand, or Vietnam from wafers produced in China and where
more than two of the following components in the module/laminate/panel
were produced in China: (1) silver paste; (2) aluminum frames (3)
glass; (4) backsheets; (5) ethylene vinyl acetate sheets; and (6)
junction boxes.
If modules, laminates, and panels consisting of crystalline silicon
photovoltaic cells do not meet both of the conditions in item (B)
above, then these circumvention inquiries do not cover the modules,
laminates, and panels, or the crystalline silicon photovoltaic cells
within the modules, laminates, and panels, even if those crystalline
silicon photovoltaic cells were produced in Cambodia, Malaysia,
Thailand, or Vietnam from wafers produced in China. Wafers produced
outside of China with polysilicon sourced from China are not considered
to be wafers produced in China for purposes of these circumvention
inquiries.

Methodology

Commerce made these preliminary circumvention findings in
accordance with section 781(b) of the Act and 19 CFR 351.226. For a
full description of the methodology underlying the preliminary
determinations, see the Preliminary Decision Memoranda.

Affirmative Preliminary Determinations of Circumvention

As detailed in the Preliminary Decision Memoranda, with the
exception of certain U.S. imports from the exporters identified in
Appendix III to this notice, we preliminarily determine that U.S.
imports of inquiry merchandise are circumventing the Orders on a
country-wide basis. As a result, we preliminarily determine that this
merchandise is covered by the Orders.
We preliminarily determine that solar cells/solar modules exported
from, and produced in, Cambodia, Malaysia, or Vietnam by the entities
identified in Appendix III to this notice using wafers produced in
China exported by specific companies are not circumventing the Orders.
For a detailed explanation of our determinations with respect to the
entities identified in Appendix III, see the Preliminary Decision
Memoranda.
See the ``Suspension of Liquidation and Cash Deposit Requirements''
section below for details regarding suspension of liquidation and cash
deposit requirements. See the ``Certification'' and ``Certification
Requirements'' section below for details regarding the use of
certifications.

Use of Adverse Facts Available

Pursuant to section 776(a) of the Act, if necessary information is
not available on the record, or an interested party withholds requested
information, fails to provide requested information by the deadline or
in the form and manner requested, or significantly impeded a
proceeding, Commerce shall use the facts otherwise available in
reaching the applicable determination. Moreover, pursuant to section
776(b) of the Act, Commerce may use inferences adverse to the interests
of an interested party in selecting from among the facts otherwise
available if the party fails to cooperate by acting to the best of its
ability to provide requested information.
Commerce requested information from certain companies in each of
the examined countries related to the

[[Page 75223]]

quantity and value (Q&V) of their exports during the inquiry period for
purposes of respondent selection. In these Q&V questionnaires, Commerce
explained that, if the company to which Commerce issued the
questionnaire fails to respond to the questionnaire, or fails to
provide the requested information, Commerce may find that the company
failed to cooperate by not acting to the best of its ability to comply
with the request for information, and may use an inference that is
adverse to the company's interests in selecting from the facts
otherwise available. Certain companies to which Commerce issued the Q&V
questionnaire in the Malaysia, Thailand, and Vietnam inquiries
received, but failed to timely respond to, the Q&V questionnaire.\9\
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\9\ See Appendix II for a list of companies that failed to
respond to Commerce's request for Q&V information.
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Therefore, we preliminarily find that necessary information is not
available on the record and that the companies that failed to timely
respond to the Q&V questionnaire withheld requested information, failed
to provide requested information by the deadline or in the form and
manner requested, and significantly impeded these inquiries. Moreover,
we find that these companies failed to cooperate to the best of their
abilities to provide the requested Q&V information because they did not
provide any response to Commerce's Q&V questionnaire. Consequently, we
used adverse inferences with respect to these companies in selecting
from among the facts otherwise available on the record, pursuant to
sections 776(a) and (b) of the Act. For details regarding the adverse
facts available used in our decisions, see the Preliminary Decision
Memoranda.
Based on the adverse facts available used, we preliminarily
determine that the companies listed in Appendix II to this notice
exported inquiry merchandise and that U.S. entries of that merchandise
are circumventing the Orders. Additionally, with the exception of the
``Applicable Entries'' certification, which is described in the
``Certification'' section below, we are preliminarily precluding the
companies listed in Appendix II to this notice \10\ from participating
in the certification programs that we are establishing for exports of
solar cells and modules from Malaysia, Thailand, and Vietnam.
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\10\ Id.
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U.S. entries of inquiry merchandise made on or after April 1, 2022,
that are ineligible for certification based on the failure of the
companies in Appendix II to cooperate, or for other reasons, shall
remain subject to suspension of liquidation until final assessment
instructions on those entries are issued, whether by automatic
liquidation instructions, or by instructions pursuant to the final
results of an administrative review.\11\ Interested parties that wish
to have their suspended non-``Applicable Entries,'' if any, reviewed,
and their ineligibility for the certification program re-evaluated,
should request an administrative review of the relevant suspended
entries during the next anniversary month of these Orders (i.e.,
December 2022 for the Solar Cells AD Order and December 2023 for the
Solar Cells CVD Order).\12\
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\11\ Commerce continues to consider the process by which
companies may demonstrate eligibility for the certification program
in future segments of the solar cells proceedings. Commerce
encourages interested parties to provide comments on this topic in
their case briefs.
\12\ See 19 CFR 351.213(b).
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Suspension of Liquidation and Cash Deposit Requirements

On June 6, 2022, the President of the United States signed
Proclamation 10414, ``Declaration of Emergency and Authorization for
Temporary Extensions of Time and Duty-Free Importation of Solar Cells
and Modules from Southeast Asia'' (the Proclamation). In the
Proclamation, the President directed the Secretary of Commerce (the
Secretary) to.

consider taking appropriate action under section 1318(a) of title
19, United States Code, to permit, until 24 months after the date of
this proclamation or until the emergency declared herein has
terminated, whichever occurs first, under such regulations and under
such conditions as the Secretary may prescribe, the importation,
free of the collection of duties and estimated duties, if
applicable, under sections 1671, 1673, 1675, and 1677j of title 19,
United States Code, {(sections 701, 731, 751 and 781 of the
Act){time} of certain solar cells and modules exported from the
Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, and the
Socialist Republic of Vietnam, and that are not already subject to
an antidumping or countervailing duty order as of the date of this
proclamation . . . .

On September 12, 2022, Commerce added Part 362 to its regulations
to implement the Proclamation. Pursuant to 19 CFR 362.103(b)(1)(i),
Commerce will direct U.S. Customs and Border Protection (CBP) to
discontinue the suspension of liquidation and collection of cash
deposits that were ordered based on Commerce's initiation of these
circumvention inquiries. In addition, pursuant to 19 CFR
362.103(b)(1)(ii) and (iii), Commerce will not direct CBP to suspend
liquidation, and require cash deposits, of estimated ADs and CVDs based
on these affirmative preliminary determinations of circumvention on,
any ``Applicable Entries.'' However, Commerce will direct CBP to
suspend liquidation, and collect cash deposits, of estimated ADs and
CVDs based on these affirmative preliminary determinations of
circumvention on, imports of ``Southeast Asian-Completed cells and
modules'' that are not ``Applicable Entries.''
Pursuant to 19 CFR 362.102, `Southeast Asian-Completed Cells and
Modules'' are:

crystalline silicon photovoltaic cells, whether or not assembled
into modules (solar cells and modules), which are completed in the
Kingdom of Cambodia, Malaysia, the Kingdom of Thailand, or the
Socialist Republic of Vietnam using parts and components
manufactured in the People's Republic of China, and subsequently
exported from Cambodia, Malaysia, Thailand, or Vietnam to the United
States. These are cells and modules subject to the Solar
Circumvention Inquiries. Southeast Asian-Completed Cells and Modules
does not mean solar cells and modules that, on June 6, 2022, the
date Proclamation 10414 was signed, were already subject to Certain
Solar Orders.\13\
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\13\ ``Certain Solar Orders'' refers to the following orders:
(1) Solar Cells AD Order; (2) Solar Cells CVD Order; and (3) Certain
Crystalline Silicon Photovoltaic Products from Taiwan: Antidumping
Duty Order, 80 FR 8596 (February 18, 2015).

``Applicable Entries means the entries of Southeast Asian-Completed
Cells and Modules that are entered into the United States, or withdrawn
from warehouse, for consumption before the Date of Termination and, for
entries that enter after November 15, 2022, are used in the United
States by the Utilization Expiration Date.'' \14\ The ``Date of
Termination'' is ``June 6, 2024, or the date the emergency described in
Presidential Proclamation 10414 has been terminated, whichever occurs
first.'' \15\ The ``Utilization Expiration Date'' is ``the date 180
days after the Date of Termination.'' \16\ ``Utilization and utilized
means the Southeast Asian-Completed Cells and Modules will be used or
installed in the United States. Merchandise which remains in inventory
or a warehouse in the United States, is resold to another party, is
subsequently exported, or is destroyed after importation is not
considered utilized for purposes of'' the provisions in Part 362 of the
regulations.\17\
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\14\ See 19 CFR 362.102.
\15\ Id.
\16\ Id.
\17\ Id.
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Therefore, based on these affirmative preliminary determinations of
circumvention, Commerce intends to direct CBP to suspend liquidation
of,

[[Page 75224]]

and collect cash deposits of the applicable estimated ADs and CVDs on,
U.S. imports of Southeast Asian-Completed solar cells and solar modules
that are not ``Applicable Entries'' that were entered, or withdrawn
from warehouse, for consumption on or after April 1, 2022, the date of
publication of initiation of these circumvention inquiries in the
Federal Register,\18\ but prior to the Date of Termination of the
Proclamation. Specifically, with the exception of the entries for which
the importer and exporter have met the requirements of the relevant
certifications described in the ``Certified Entries'' section of this
notice below, Commerce will direct CBP to implement the following cash
deposit requirements for U.S. entries of ``Southeast Asian-Completed
cells and modules'' that are not ``Applicable Entries'': (1) for
exporters of the solar cells or solar modules that have a company-
specific cash deposit rate under the Solar Cells AD Order and/or Solar
Cells CVD Order, the cash deposit rate will be the company-specific AD
and/or CVD cash deposit rate established for that company in the most
recently-completed segment of the solar cells proceedings; (2) for
exporters of the solar cells or solar modules that do not have a
company-specific cash deposit rate under the Solar Cells AD Order and/
or Solar Cells CVD Order, the cash deposit rate will be the company-
specific cash deposit rate established under the Solar Cells AD Order
and/or Solar Cells CVD Order for the company that exported the wafers
to the producer/exporter in the relevant third country (i.e., Cambodia,
Malaysia, Thailand or Vietnam) that were incorporated in the imported
solar cells or solar modules; and (3) if neither the exporter of the
solar cells or solar modules nor the exporter of the wafers described
in item (2) above has a company-specific cash deposit rate, the AD cash
deposit rate will be the China-wide rate (238.95 percent), and the CVD
cash deposit rate will be the ``All-Others'' rate (15.24 percent).
Commerce has established the following third-country case numbers in
the Automated Commercial Environment (ACE) for such entries: Cambodia
A-555-902-000/C-555-903-000; Malaysia A-557-988-000/C-557-989-000;
Thailand A-549-988-000/C-549-989-000; and Vietnam A-552-988-000/C-552-
989-000. If the exporter of the wafers described in the cash deposit
requirements above has its own company-specific cash deposit rate under
the Orders, the importer, producer, or exporter of inquiry merchandise
containing those wafers may file a request in ACCESS on the record of
the applicable proceeding segment that Commerce establish a case number
in ACE for the Orders for the applicable third-country that is specific
to the Chinese wafer exporter. CBP may also submit such a request to
Commerce through the ACE AD/CVD Portal Inquiry System.
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\18\ See Initiation Notice.
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Entries on or After Termination of the Proclamation

Upon termination of the Proclamation, Commerce will issue
instructions to CBP that are described in 19 CFR 362.103(b)(2).
Moreover, given the instant preliminary country-wide affirmative
determinations of circumvention with respect to Cambodia, Malaysia,
Thailand, and Vietnam, and the fact that the ``Date of Termination'' is
currently June 6, 2024, pursuant to 19 CFR 362.103(b)(3), Commerce
intends to issue an instruction to CBP in which it: (1) informs CBP
that the Date of Termination is June 6, 2024; and (2) with the
exception of the entries for which the importer and exporter have met
the requirements of the relevant certifications described in the
``Certified Entries'' section of this notice below, directs CBP to
begin suspension of liquidation, and require a cash deposit of
estimated ADs and CVDs, at the applicable rate described below, for
each unliquidated entry of inquiry merchandise entered, or withdrawn
from warehouse, for consumption on or after the Date of Termination of
the Proclamation. The applicable cash deposit rates are as follows: (1)
for exporters of inquiry merchandise that have a company-specific cash
deposit rate under the Solar Cells AD Order and/or Solar Cells CVD
Order, the cash deposit rate will be the company-specific AD and/or CVD
cash deposit rate established for that company in the most recently
completed segment of the solar cells proceedings; (2) for exporters of
inquiry merchandise that do not have a company-specific cash deposit
rate under the Solar Cells AD Order and/or Solar Cells CVD Order, the
cash deposit rate will be the company-specific cash deposit rate
established under the Solar Cells AD Order and/or Solar Cells CVD Order
for the company that exported the wafers to the producer/exporter in
the relevant third country (i.e., Cambodia, Malaysia, Thailand or
Vietnam) that were incorporated in the imported inquiry merchandise;
and (3) if neither the exporter of the inquiry merchandise, nor the
exporter of the wafers described in item (2) above has a company-
specific cash deposit rate, the AD cash deposit rate will be the China-
wide rate (238.95 percent), and the CVD cash deposit rate will be the
``All-Others'' rate (15.24 percent). As noted above, Commerce has
established the following third-country case numbers in ACE for such
entries: Cambodia A-555-902-000/C-555-903-000; Malaysia A-557-988-000/
C-557-989-000; Thailand A-549-988-000/C-549-989-000; and Vietnam A-552-
988-000/C-552-989-000. Other third-country case numbers may be
established following the process described above.

Certified Entries

Entries prior to the Date of Termination for which the importer and
exporter have met the certification requirements described below and in
Appendix IV, V,\19\ or VI to this notice, and entries on or after the
Date for Termination for which the importer and exporter have met the
certification requirements described below and in Appendix V \20\ or VI
to this notice, will not be subject to suspension of liquidation, or
the cash deposit requirements described above. Failure to comply with
the applicable requisite certification requirements may result in the
merchandise being subject to ADs and CVDs.
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\19\ The certification in Appendix V is specific to Boviet Solar
Technology Co., Ltd. Issuance of similar certifications with respect
to Hanwha Q CELLS Malaysia Sdn. Bhd., Jinko Solar Technology Sdn.
Bhd./Jinko Solar (Malaysia) Sdn. Bhd., and New East Solar (Cambodia)
Co., Ltd. is predicated upon the public disclosure of the names of
their wafer exporters to Commerce by no later than 14 days after the
publication date of this notice in the Federal Register. If such
disclosure is made, Commerce will place the additional
certification(s) on ACCESS within 30 days of publication of this
notice in the Federal Register.
\20\ This is subject to the caveat noted above with respect to
the public disclosure of the names of certain wafer exporters.
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Certifications

In order to administer these preliminary country-wide affirmative
determinations of circumvention, and the preliminary company-specific
negative determinations of circumvention, and to implement the
Proclamation, Commerce has established the following types of
certifications: (1) importer and exporter certifications that specific
entries meet the regulatory definition of ``Applicable Entries'' (see
Appendix IV to this notice); (2) importer and exporter certifications
that specific entries are not subject to suspension of liquidation or
the collection of cash deposits based on the preliminary negative
circumvention determinations with respect to the exporters listed in

[[Page 75225]]

Appendix III in combination with certain wafer exporters (see Appendix
V to this notice); \21\ and (3) importer and exporter certifications
that specific entries of solar cells or solar modules from Cambodia,
Malaysia, Thailand, or Vietnam are not subject to suspension of
liquidation or the collection of cash deposits pursuant to these
preliminary country-wide affirmative determinations of circumvention
because the merchandise meets the component content requirements
described in the certification (see Appendix VI to this notice). The
non-cooperative companies listed in Appendix II are not eligible to use
the certification described in items (2) or (3) above for the relevant
inquiry country.\22\
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\21\ The certification in Appendix V is specific to Boviet Solar
Technology Co., Ltd. Issuance of similar certifications with respect
to Hanwha Q CELLS Malaysia Sdn. Bhd., Jinko Solar Technology Sdn.
Bhd./Jinko Solar (Malaysia) Sdn. Bhd., and New East Solar (Cambodia)
Co., Ltd. is predicated upon the public disclosure of the names of
their wafer exporters to Commerce by no later than 14 days after the
publication date of this notice in the Federal Register. If such
disclosure is made, Commerce will place the additional
certification(s) on ACCESS within 30 days of publication of this
notice in the Federal Register.
\22\ See Preliminary Decision Memoranda at ``Use of Facts
Available with an Adverse Inference''; and, e.g., Anti-circumvention
Inquiry of the Antidumping Duty Order on Certain Pasta from Italy:
Affirmative Preliminary Determination of Circumvention of the
Antidumping Duty Order, 63 FR 18364, 18366 (April 15, 1998),
unchanged in Anti-Circumvention Inquiry of the Antidumping Duty
Order on Certain Pasta from Italy: Affirmative Final Determination
of Circumvention of the Antidumping Duty Order, 63 FR 54672, 54675-
76 (October 13, 1998).
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Importers and exporters that claim that: (1) an entry of
``Southeast Asian-Completed cells and modules'' is an ``Applicable
Entry''; (2) an entry of solar cells or solar modules is not subject to
suspension of liquidation or the collection of cash deposits based on
the preliminary negative circumvention determination with respect to
one of the companies listed in Appendix III; or (3) the entry of solar
cells or solar modules is not subject to suspension of liquidation or
the collection of cash deposits based on the inputs used to manufacture
such merchandise, must complete the applicable certification and meet
the certification and documentation requirements described below, as
well as the requirements identified in the applicable certification.

Certification Requirements

Importers are required to complete and maintain the applicable
importer certification, and maintain a copy of the applicable exporter
certification, and retain all supporting documentation for both
certifications. With the exception of the entries described below, the
importer certification must be completed, signed, and dated by the time
the entry summary is filed for the relevant entry. The importer, or the
importer's agent, must submit both the importer's certification and the
exporter's certification to CBP as part of the entry process by
uploading them into the document imaging system (DIS) in ACE. Where the
importer uses a broker to facilitate the entry process, it should
obtain the entry summary number from the broker. Agents of the
importer, such as brokers, however, are not permitted to certify on
behalf of the importer.
Exporters are required to complete and maintain the applicable
exporter certification and provide the importer with a copy of that
certification and all supporting documentation (e.g., invoice, purchase
order, production records, etc.). With the exception of the entries
described below, the exporter certification must be completed, signed,
and dated by the time of shipment of the relevant entries. The exporter
certification should be completed by the party selling the solar cells
or solar modules that were manufactured in Cambodia, Malaysia,
Thailand, or Vietnam to the United States.
Additionally, the claims made in the certifications and any
supporting documentation are subject to verification by Commerce and/or
CBP. Importers and exporters are required to maintain the
certifications and supporting documentation for the later of: (1) the
date that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years after
the conclusion of any litigation in United States courts regarding such
entries.
For all solar cells or solar modules from Cambodia, Malaysia,
Thailand, or Vietnam that were entered, or withdrawn from warehouse,
for consumption during the period April 1, 2022, (the date of
initiation of these circumvention inquiries) through the date of
publication of the preliminary determinations in the Federal Register,
where the entry has not been liquidated (and entries for which
liquidation has not become final), the relevant certification should be
completed and signed as soon as practicable, but not later than 45 days
after the date of publication of these preliminary determinations in
the Federal Register. For such entries, importers, and exporters each
have the option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof. The exporter must provide the importer with a copy of the
exporter certification within 45 days of the date of publication of
these preliminary determinations in the Federal Register.
For unliquidated entries (and entries for which liquidation has not
become final) of solar cells and solar modules that were declared as
non-AD/CVD type entries (e.g., type 01) and entered, or withdrawn from
warehouse, for consumption in the United States during the period April
1, 2022 (the date of initiation of these circumvention inquiries)
through the date of publication of the preliminary determinations in
the Federal Register, for which none of the above certifications may be
made, importers must file a Post Summary Correction with CBP, in
accordance with CBP's regulations, regarding conversion of such entries
from non-AD/CVD type entries to AD/CVD type entries (e.g., type 01 to
type 03). Importers should report those AD/CVD type entries using the
following third-country case numbers: Cambodia A-555-902-000/C-555-903-
000; Malaysia A-557-988-000/C-557-989-000; Thailand A-549-988-000/C-
549-989-000; and Vietnam A-552-988-000/C-552-989-000. Other third-
country case numbers may be established following the process described
above. The importer should pay cash deposits on those entries
consistent with the regulations governing post summary corrections that
require payment of additional duties.
If it is determined that an importer and/or exporter has not met
the certification and/or related documentation requirements for certain
entries, Commerce intends to instruct CBP to suspend, pursuant to these
preliminary country-wide affirmative determinations of circumvention
and the Orders,\23\ all unliquidated entries for which these
requirements were not met and require the importer to post applicable
AD and CVD cash deposits equal to the rates noted above.
---------------------------------------------------------------------------

\23\ See Orders.
---------------------------------------------------------------------------

Interested parties may comment on these certification requirements,
and on the certification language contained in the appendices to this
notice in their case briefs.

Verification

As provided in 19 CFR 351.226(f)(3), Commerce intends to verify the
information relied upon in making its final determinations.

Public Comment

Case briefs or other written comments for a particular country
should be

[[Page 75226]]

submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the last verification
report for that country is issued. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than seven days after
the deadline for case briefs.\24\ Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or rebuttal briefs in these
circumvention inquiries are encouraged to submit with each argument:
(1) a statement of the issue; (2) a brief summary of the argument; and
(3) a table of authorities. Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\25\
---------------------------------------------------------------------------

\24\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\25\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19, 85 FR 17006 (March 26, 2020); and Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing for a particular country, limited to issues raised in
the case and rebuttal briefs, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, within 30 days after the date of publication of this notice
in the Federal Register. Requests should contain: (1) the requesting
party's name, address, and telephone number; (2) the number of
individuals from the requesting party that will attend the hearing and
whether any of those individuals is a foreign national; and (3) a list
of the issues that the party intends to discuss at the hearing. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date of the hearing.

U.S. International Trade Commission Notification

Commerce, consistent with section 781(e) of the Act, will notify
the U.S. International Trade Commission (ITC) of these preliminary
determinations to include the merchandise subject to these
circumvention inquiries within the Orders. Pursuant to section 781(e)
of the Act, the ITC may request consultations concerning Commerce's
proposed inclusion of the inquiry merchandise. If, after consultations,
the ITC believes that a significant injury issue is presented by the
proposed inclusion, it will have 60 days from the date of notification
by Commerce to provide written advice.

Notification to Interested Parties

These determinations are issued and published in accordance with
section 781(b) of the Act and 19 CFR 351.226(g)(1).

Dated: December 1, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

------------------------------------------------------------------------
Appendix No. Appendix name
------------------------------------------------------------------------
I...................... List of Topics Discussed in the Preliminary
Decision Memoranda.
II..................... List of Companies to Which Commerce Applied
AFA.
III.................... List of Companies Preliminarily Found Not To Be
Circumventing.
IV..................... Certification for ``Applicable Entries''.
V...................... Certification for Entries of Inquiry
Merchandise from Companies Preliminarily Found
Not To Be Circumventing.
VI..................... Certification Regarding Chinese Components.
------------------------------------------------------------------------

Appendices

Appendix I

List of Topics Discussed in the Preliminary Decision Memoranda

Cambodia

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Non-Market Economy Methodology for Valuing Material Inputs from
China
VII. Statutory and Regulatory Framework for the Circumvention
Inquiry
VIII. Statutory Analysis for the Circumvention Inquiry
IX. Summary of Statutory Analysis
X. Verification
XI. Certification Process and Country-Wide Affirmation Determination
of Circumvention
XII. Presidential Proclamation
XIII. Recommendation

Malaysia and Thailand

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Non-Market Economy Methodology for Valuing Material Inputs from
China
VII. Statutory and Regulatory Framework for the Circumvention
Inquiry
VIII. Use of Facts Available with Adverse Inferences
IX. Statutory Analysis for the Circumvention Inquiry
X. Summary of Statutory Analysis
XI. Verification
XII. Certification Process and Country-Wide Affirmation
Determination of Circumvention
XIII. Presidential Proclamation
XIV. Recommendation

Vietnam

I. Summary
II. Background
III. Scope of the Orders
IV. Merchandise Subject to Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Non-Market Economy Methodology for Valuing Material Inputs from
China
VII. Non-Market Economy Methodology for Valuing the Process of
Assembly or Completion in Vietnam
VIII. Statutory and Regulatory Framework for the Circumvention
Inquiry
IX. Use of Facts Available with Adverse Inferences
X. Statutory Analysis for the Circumvention Inquiry
XI. Summary of Statutory Analysis
XII. Verification
XIII. Certification Process and Country-Wide Affirmation
Determination of Circumvention
XIV. Presidential Proclamation
XV. Recommendation

Appendix II

List of Companies to Which Commerce Applied AFA

Malaysia

1. AMC Cincaria Sdn Bhd
2. Flextronic Shah Alam Sdn. Bhd.
3. Funing Precision Component Co., Ltd.
4. Samsung Sds Malaysia Sdn. Bhd.
5. Vina Solar Technology Co., Ltd.

Thailand

1. Celestica (Thailand) Limited
2. Green Solar Thailand Co., Ltd.
3. Lightup Creation CO., Ltd.
4. Thai Master Frame Co., Ltd.
5. Three Arrows (Thailand) Co., Ltd.
6. Yuan Feng New Energy
7. Solar PPM.
8. Sunshine Electrical Energy Co., Ltd.

Vietnam

1. Cong Ty Co Phan Cong Nghe Nang (Global

[[Page 75227]]

Energy)
2. GCL System Integration Technology
3. Green Wing Solar Technology Co., Ltd.
4. HT Solar Vietnam Limited Company
5. Irex Energy Joint Stock Company
6. S-Solar Viet Nam Company Limited
7. Venergy Solar Industry Company
8. Vietnam Sunergy Joint Stock Company
9. Red Sun Energy Co., Ltd.

Appendix III

List of Companies Preliminarily Found Not To Be Circumventing

Cambodia

1. New East Solar (Cambodia) Co., Ltd.

Malaysia

1. Hanwha Q CELLS Malaysia Sdn. Bhd.
2. Jinko Solar Technology Sdn. Bhd./Jinko Solar (Malaysia) Sdn. Bhd.

Vietnam

1. Boviet Solar Technology Co., Ltd.

Appendix IV

Certification for ``Applicable Entries'' Under 19 CFR Part 362 Importer
Certification

I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding
importation of the solar cells and solar modules produced in {SELECT
ONE OF THE FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE
KINGDOM OF THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM{time}
that were entered into the Customs territory of the United States
under the entry summary number(s) identified below which are covered
by this certification. ``Direct personal knowledge'' refers to the
facts the certifying party is expected to have in its own records.
For example, the importer should have direct personal knowledge of
the exporter and/or seller's identity and location.
(C) If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The solar cells and/or solar modules covered by this
certification were imported by {NAME OF IMPORTING COMPANY{time} on
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
(D) The solar cells and/or solar modules covered by this
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S.
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
(E) I have personal knowledge of the facts regarding the
production and exportation of the solar cells and modules identified
below. ``Personal knowledge'' includes facts obtained from another
party, (e.g., correspondence received by the importer (or exporter)
from the producer of the imported products regarding production).
(F) The imported solar cells and/or solar modules covered by
this certification:
1. Were produced in {SELECT ONE OF THE FOLLOWING COUNTRIES:
KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE
SOCIALIST REPUBLIC OF VIETNAM{time} using parts and components
manufactured in the People's Republic of China;
2. Were exported to the United States from {SELECT ONE OF THE
FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF
THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM{time} without
further assembly in another country;
3. Are not covered by: (a) the antidumping duty or
countervailing duty orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China; or (b) the antidumping duty order on certain
crystalline silicon photovoltaic products from Taiwan;
4. Were entered into the United States, or were withdrawn from
warehouse, for consumption before 06/06/2024, or before the date the
emergency described in Presidential Proclamation 10414 is
terminated, whichever occurs first; and
5. If entered, or withdrawn from warehouse, after November 15,
2022, the solar cells and/or solar modules will be utilized in the
United States by no later than 180 days after the earlier of 06/06/
2024, or the date the emergency described in Presidential
Proclamation 10414 is terminated. Utilized means the solar cells or
solar modules will be used or installed in the United States. Solar
cells or solar modules which remain in inventory or in a warehouse
in the United States, are resold to another party, are subsequently
exported, or are destroyed after importation are not considered
utilized.
(G) This certification applies to the following entries (repeat
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller:
Foreign Seller's Address:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:
Producer:
Producer's Address:

(H) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years
after the conclusion of any litigation in United States courts
regarding such entries.
(I) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
(J) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with the importer
certification, and any supporting documentation, and a copy of the
exporter's certification, and any supporting documentation provided
to the importer by the exporter, upon the request of either agency.
(K) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(L) I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are not ``Applicable Entries.'' I understand that such a finding may
result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
(M) I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
(N) This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
(O) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}

____
Date

[[Page 75228]]

Exporter Certification

The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES{time} , located at {ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED STATES{time} ;
(B) I have direct personal knowledge of the facts regarding the
production and exportation of the solar cells and solar modules for
which sales are identified below. ``Direct personal knowledge''
refers to facts the certifying party is expected to have in its own
records. For example, an exporter should have direct personal
knowledge of the producer's identity and location.
(C) The solar cells and/or solar modules covered by this
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS
TO WHICH MERCHANDISE WAS SHIPPED{time} .
(D) The solar cells and/or solar modules covered by this
certification:
1. Were produced in {SELECT ONE OF THE FOLLOWING COUNTRIES:
KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF THAILAND, OR THE
SOCIALIST REPUBLIC OF VIETNAM{time} using parts and components
manufactured in the People's Republic of China;
2. Were exported to the United States from {SELECT ONE OF THE
FOLLOWING COUNTRIES: KINGDOM OF CAMBODIA, MALAYSIA, THE KINGDOM OF
THAILAND, OR THE SOCIALIST REPUBLIC OF VIETNAM{time} without
further assembly in another country; and
3. Are not covered by: (a) the antidumping duty or
countervailing duty orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China; or (b) the antidumping duty order on certain
crystalline silicon photovoltaic products from Taiwan.
(E) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S.
Customer:
Producer Name:
Producer's Address:
Invoice # of the Producer's Invoice to the Foreign Seller (if the
foreign seller and the producer are the same party, report ``NA''
here):

(F) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} is required to maintain a copy of
this certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product specification sheets, customer specification
sheets, production records, invoices, etc.) until the later of: (1)
the date that is five years after the latest entry date of the
entries covered by the certification; or (2) the date that is three
years after the conclusion of any litigation in United States courts
regarding such entries.
(G) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} is required to provide the U.S.
importer with a copy of this certification and is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with a copy of this certification,
and any supporting documents, upon the request of either agency.
(H) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(I) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that was not entered into the United States in
``Applicable Entries.'' I understand that such a finding may result
in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
(J) I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
(K) This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is more than 14 days after the
date of publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register. If the
shipment date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed, and a copy of the certification was provided
to the importer, by no later than 45 days after publication of the
notice of Commerce's preliminary determination of circumvention in
the Federal Register.
(L) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}

____
Date

Appendix V

Certification for Entries of Inquiry Merchandise From Companies
Preliminarily Found Not To Be Circumventing

Company Name: Boviet Solar Technology Co., Ltd.

Importer Certification

[[Page 75229]]

crystalline silicon photovoltaic cells, whether or not assembled
into modules, from the People's Republic of China.
(H) This certification applies to the following entries (repeat
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:

(I) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years
after the conclusion of any litigation in United States courts
regarding such entries.
(J) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
(K) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
Commerce with the importer certification, and any supporting
documentation, and a copy of the exporter's certification, and any
supporting documentation provided to the importer by the exporter,
upon the request of either agency.
(L) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(M) I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on solar cells and solar
modules from China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
(N) I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
(O) This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
(P) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}

____
Date

Exporter Certification

Certification for Entries of Inquiry Merchandise From Companies
Preliminarily Found Not To Be Circumventing

Company Name: Boviet Solar Technology Co., Ltd.

The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of Boviet Solar Technology Co., Ltd., located at B5, B6,
Song Khe Industrial Zone, Noi Hoang District Bac Giang Province,
Vietnam;
(B) I have direct personal knowledge of the facts regarding the
production and exportation of the solar cells and solar modules for
which sales are identified below. ``Direct personal knowledge''
refers to facts the certifying party is expected to have in its own
records. For example, an exporter should have direct personal
knowledge of the producer's identity and location.
(C) The solar cells and/or solar modules covered by this
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS
TO WHICH MERCHANDISE WAS SHIPPED{time} .
(D) The solar cells and/or solar modules covered by this
certification were:
1. Sold to the United States by Boviet Solar Technology Co.,
Ltd.
2. Exported to the United States by Boviet Solar Technology Co.,
Ltd.
3. Produced in Vietnam by Boviet Solar Technology Co., Ltd.
using wafers manufactured in the People's Republic of China (China)
that were exported to Vietnam by Ningbo Kyanite International Trade
Co., Ltd.
(E) The U.S. Department of Commerce (Commerce) found that solar
cells and/or solar modules produced by Boviet Solar Technology Co.,
Ltd., using wafers manufactured in China that were exported by the
wafer supplier listed in item D above, and exported by Boviet Solar
Technology Co., Ltd. are not circumventing the antidumping duty and
countervailing duty orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China.
(F) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S.
Customer:

(G) I understand that Boviet Solar Technology Co., Ltd. is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
customer specification sheets, production records, invoices, etc.)
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
(H) I understand that Boviet Solar Technology Co., Ltd. is
required to provide the U.S. importer with a copy of this
certification and is required to provide U.S. Customs and Border
Protection (CBP) and/or Commerce with a copy of this certification,
and any supporting documents, upon the request of either agency.
(I) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(J) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on solar cells and solar modules from
China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
(K) I understand that agents of the exporter, such as freight
forwarding companies or brokers, are not permitted to make this
certification.
(L) This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is more

[[Page 75230]]

than 14 days after the date of publication of the notice of
Commerce's preliminary determination of circumvention in the Federal
Register. If the shipment date is on or before the 14th day after
the date of publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register, this
certification was completed and signed, and a copy of the
certification was provided to the importer, by no later than 45 days
after publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register.
(M) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}

____
Date

Appendix VI

Certification Regarding Chinese Components

Importer Certification

I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding
importation of the solar cells and solar modules produced in
{COUNTRY{time} that were entered into the Customs territory of the
United States under the entry summary number(s) identified below
which are covered by this certification. ``Direct personal
knowledge'' refers to the facts the certifying party is expected to
have in its own records. For example, the importer should have
direct personal knowledge of the exporter and/or seller's identity
and location.
(C) If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The solar cells and/or solar modules covered by this
certification were imported by {NAME OF IMPORTING COMPANY{time} on
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
(D) The solar cells and/or solar modules covered by this
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S.
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
(E) I have personal knowledge of the facts regarding the
production and exportation of the solar cells and modules identified
below. ``Personal knowledge'' includes facts obtained from another
party, (e.g., correspondence received by the importer (or exporter)
from the producer of the imported products regarding production).
(F) If the imported products covered by this certification are
solar cells that are not in solar modules or products that contain
solar cells that are not in a solar module, then the importer
certifies that the solar cells produced in {COUNTRY{time} that are
covered by this certification were not manufactured using wafers
produced in China, regardless of whether sourced directly from a
Chinese producer or from a downstream supplier.
(G) If the imported products covered by this certification are
solar modules or products that contain solar modules, then the
importer certifies that the solar modules produced in
{COUNTRY{time} that are covered by this certification were not
manufactured using wafers produced in China, regardless of whether
sourced directly from a Chinese producer or from a downstream
supplier, or the solar modules produced in {COUNTRY{time} that are
covered by this certification were manufactured using wafers
produced in China but no more than two of the following inputs that
were used to manufacture the solar modules were produced in China,
regardless of whether sourced directly from a Chinese producer or
from a Chinese downstream supplier:

a. Silver Paste
b. Aluminum Frames
c. Glass
d. Backsheets
e. Ethylene-Vinyl Acetate
f. Junction Boxes

(H) The solar cells and/or solar modules covered by this
certification are not covered by: (a) the antidumping duty or
countervailing duty orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China; or (b) the antidumping duty order on certain
crystalline silicon photovoltaic products from Taiwan.
(I) This certification applies to the following entries (repeat
this block as many times as necessary):

(J) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years
after the conclusion of any litigation in United States courts
regarding such entries.
(K) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
(L) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
the U.S. Department of Commerce (Commerce) with the importer
certification, and any supporting documentation, and a copy of the
exporter's certification, and any supporting documentation provided
to the importer by the exporter, upon the request of either agency.
(M) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(N) I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on solar cells and solar
modules from China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
(O) I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
(P) This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
(Q) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
____
Date

[[Page 75231]]

Exporter Certification

The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF FOREIGN COMPANY THAT MADE THE SALE TO THE
UNITED STATES{time} , located at {ADDRESS OF FOREIGN COMPANY THAT
MADE THE SALE TO THE UNITED STATES{time} ;
(B) I have direct personal knowledge of the facts regarding the
production and exportation of the solar cells and solar modules for
which sales are identified below. ``Direct personal knowledge''
refers to facts the certifying party is expected to have in its own
records. For example, an exporter should have direct personal
knowledge of the producer's identity and location.
(C) The solar cells and/or solar modules covered by this
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS
TO WHICH MERCHANDISE WAS SHIPPED{time} .
(D) If the exported products covered by this certification are
solar cells that are not in solar modules or products that contains
solar cells that are not in a solar module, then the seller
certifies that the solar cells produced in {COUNTRY{time} that are
covered by this certification were not manufactured using wafers
produced in China, regardless of whether sourced directly from a
Chinese producer or from a downstream supplier.
(E) If the exported products covered by this certification are
solar modules or products that contain solar modules, then the
seller certifies that the solar modules produced in {COUNTRY{time}
that are covered by this certification were not manufactured using
wafers produced in China, regardless of whether sourced directly
from a Chinese producer or from a downstream supplier, or the solar
modules produced in {COUNTRY{time} that are covered by this
certification were manufactured using wafers produced in China but
no more than two of the following inputs that were used to
manufacture the solar modules were produced in China, regardless of
whether sourced directly from a Chinese producer or from a Chinese
downstream supplier:

a. Silver Paste
b. Aluminum Frames
c. Glass
d. Backsheets
e. Ethylene-Vinyl Acetate
f. Junction Boxes

(F) The solar cells and/or solar modules covered by this
certification are not covered by: (a) the antidumping duty or
countervailing duty orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China; or (b) the antidumping duty order on certain
crystalline silicon photovoltaic products from Taiwan.
(G) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):

(H) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} is required to maintain a copy of
this certification and sufficient documentation supporting this
certification (i.e., documents maintained in the normal course of
business, or documents obtained by the certifying party, for
example, product specification sheets, customer specification
sheets, production records, invoices, etc.) until the later of: (1)
the date that is five years after the latest entry date of the
entries covered by the certification; or (2) the date that is three
years after the conclusion of any litigation in United States courts
regarding such entries.
(I) I understand that {NAME OF FOREIGN COMPANY THAT MADE THE
SALE TO THE UNITED STATES{time} is required to provide the U.S.
importer with a copy of this certification and is required to
provide U.S. Customs and Border Protection (CBP) and/or the U.S.
Department of Commerce (Commerce) with a copy of this certification,
and any supporting documents, upon the request of either agency.
(J) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(K) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on solar cells and solar modules from
China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
(L) I understand that agents of the seller/exporter, such as
freight forwarding companies or brokers, are not permitted to make
this certification.
(M) This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register. If the shipment date is on or
before the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register,
this certification was completed and signed, and a copy of the
certification was provided to the importer, by no later than 45 days
after publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register.
(N) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.

Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
____
Date

[FR Doc. 2022-26671 Filed 12-7-22; 8:45 am]
BILLING CODE 3510-DS-P

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