Notice2023-18161
Antidumping and Countervailing Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Scope Determination and Final Affirmative Determinations of Circumvention With Respect to Cambodia, Malaysia, Thailand, and Vietnam
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 23, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that, except as noted below, imports of certain crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells and modules), that have been completed in 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, that are then subsequently exported from Cambodia, Malaysia, Thailand, or Vietnam to the United States 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 88 Issue 162 (Wednesday, August 23, 2023)</title>
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[Federal Register Volume 88, Number 162 (Wednesday, August 23, 2023)]
[Notices]
[Pages 57419-57433]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18161]
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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: Final Scope Determination and Final
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) determines that,
except as noted below, imports of certain crystalline silicon
photovoltaic cells, whether or not assembled into modules (solar cells
and modules), that have been completed in 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,
that are then subsequently exported from Cambodia, Malaysia, Thailand,
or Vietnam to the United States are circumventing the antidumping duty
(AD) and countervailing duty (CVD) orders on solar cells and modules
from China.
DATES: Applicable August 23, 2023.
FOR FURTHER INFORMATION CONTACT: Jose Rivera, Peter Shaw, or Toni Page
(Cambodia and Malaysia) and Jeff Pedersen or 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 8, 2022, Commerce published the preliminary
determinations \1\ of the circumvention inquiries of the AD and CVD
orders on solar cells and modules from China. The circumvention
inquiries concern solar cells and modules which were completed in
Cambodia, Malaysia, Thailand, or Vietnam using parts and components
manufactured in China.\2\ We invited parties to comment on the
Preliminary Determinations.
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\1\ See 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, 87 FR 75221 (December 8,
2022) (Preliminary Determinations), and accompanying Preliminary
Decision Memoranda (PDM).
\2\ 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) (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) (CVD
Order) (collectively, Orders).
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On December 23, 2022, Sonali Energees USA LLC (Sonali) filed a
Scope Ruling Application in which it requested that Commerce determine
that the solar modules that it imports into the United States from
Cambodia are outside the scope of the Orders.\3\ On January 20, 2023,
Commerce notified all interested parties that it would address Sonali's
scope ruling request in the circumvention inquiry covering Cambodia.\4\
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\3\ See Sonali's Letter, ``Sonali Energees USA LLC's Scope
Ruling Application for Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Request for Scope Ruling on Certain Solar Modules and Cells
Manufactured in Cambodia,'' dated December 23, 2022.
\4\ See Memorandum, ``Sonali Scope Inquiry,'' dated January 20,
2023.
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A summary of events that occurred since Commerce published the
Preliminary Determinations, as well as a full discussion of the issues
raised by parties for these final determinations, may be found in the
Issues and Decision Memoranda.\5\ Commerce conducted the
[[Page 57420]]
scope inquiry in accordance with 19 CFR 351.225(c) and (h) and these
circumvention inquiries in accordance with section 781(b) of the Tariff
Act of 1930, as amended (the Act) and 19 CFR 351.226.
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\5\ See Memoranda, ``Antidumping and Countervailing Duty Orders
on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Issues and
Decision Memorandum for the Circumvention Inquiry With Respect to
the Kingdom of Cambodia'' (Cambodia IDM); ``Antidumping and
Countervailing Duty Orders on Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Issues and Decision Memorandum for the
Circumvention Inquiry With Respect to Malaysia''; ``Antidumping and
Countervailing Duty Orders on Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Issues and Decision Memorandum for the
Circumvention Inquiry With Respect to the Kingdom of Thailand''; and
``Antidumping and Countervailing Duty Orders on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into Modules, from the
People's Republic of China: Issues and Decision Memorandum for the
Circumvention Inquiry With Respect to the Socialist Republic of
Vietnam'' (Vietnam IDM); all dated concurrently with, and hereby
adopted by, this notice (collectively, Issues and 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 Issues and
Decision Memoranda.\6\
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\6\ Id.
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Scope Ruling
The scope ruling covers certain solar modules that have been
completed in Cambodia, using wafers from China, that are subsequently
exported from Cambodia to the United States.
Merchandise Subject to the Circumvention Inquiries
The 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
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 the final scope determination in accordance with 19
CFR 351.225. Commerce made these final circumvention findings in
accordance with section 781(b) of the Act and 19 CFR 351.226.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
parties in these inquiries are addressed in the Issues and Decision
Memoranda. Commerce did not receive any comments on Sonali's Scope
Ruling Application. A list of topics included in the Issues and
Decision Memoranda are included as Appendix I to this notice. The
Issues and 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, complete versions of the Issues and Decision Memoranda can be
accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Scope Ruling
As detailed in the Cambodia IDM, we find that the merchandise
described in Sonali's Scope Ruling Application is not covered by the
scope of the Orders. However, Sonali's merchandise is subject to
Commerce's determination in the circumvention inquiry involving
Cambodia.
Final Determinations of Circumvention
As detailed in the Issues and Decision Memoranda for Cambodia,
Malaysia, and Vietnam, and in the Preliminary Determination for
Thailand, with the exception of certain U.S. imports from the exporters
identified in Appendix III to this notice, we determine that U.S.
imports of inquiry merchandise are circumventing the Orders on a
country-wide basis. As a result, we determine that this merchandise is
covered by the Orders.
We determine, pursuant to section 781(b) of the Act and 19 CFR
351.225(g), that solar cells/solar modules exported from, and produced
in, Malaysia, or Vietnam by the entities listed for each of those
countries in Appendix III to this notice, using wafers produced in
China that were exported by specific companies are not circumventing
the Orders.
After considering comments from interested parties, we determine to
not apply adverse facts available to Vietnam Sunergy Joint Stock
Company.\7\
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\7\ See Vietnam IDM at Comment 8.
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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
In the Preliminary Determinations, we relied on the facts available
under section 776(a) of the Act, including facts available with adverse
inferences under section 776(b) of the Act, where appropriate. In
particular, we requested information from certain companies in each of
the examined countries, including the quantity and value (Q&V) of their
exports during the inquiry period for purposes of respondent selection.
In the Q&V questionnaire, 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.\8\
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\8\ See Appendix II for a list of companies that failed to
respond to Commerce's request for Q&V information.
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Additionally, New East Solar Energy (Cambodia) Co., Ltd.\9\ and
Vina Solar Technology Co., Ltd.\10\ refused to participate in
verification.
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\9\ See Cambodia IDM at Comment 9.
\10\ See Memorandum, ``Verification of Vina Solar Technology
Company Limited,'' dated April 12, 2023.
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[[Page 57421]]
Therefore, we 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, significantly impeded these inquiries, and that the
companies that refused to be verified significantly impeded these
inquiries and provided information that could not be verified, within
the meaning of sections 776(a)(2)(A)-(D) of the Act. Moreover, we find
that these companies failed to cooperate to the best of their ability
to provide the requested information, within the meaning of section
776(b) of the Act, because they either did not provide a timely
response to Commerce's Q&V questionnaire or did not allow their
submitted information to be verified. Consequently, we have 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.
Based on the adverse facts available used, we 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. As noted above, we are no longer applying adverse facts
available to Vietnam Sunergy Joint Stock Company and this company has
been removed from the list in Appendix II.\11\ Additionally, with the
exception of the ``Applicable Entries'' certification, which is
described in the ``Certifications'' section below, we are precluding
the companies listed in Appendix II to this notice from participating
in the certification programs that we are establishing for exports of
solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam.
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\11\ See Vietnam IDM at Comment 8.
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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 listed 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. After considering comments
from interested parties, we determined that interested parties that
wish to have their suspended non-``Applicable Entries,'' if any,
reviewed, and/or 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 2023).\12\ The requestor should note in the request for
an administrative review that: (1) it believes that all the imported
merchandise from the company identified in Appendix II would meet the
certification requirements in Appendix VI of this Federal Register
notice; and (2) that the requestor is seeking a review in order for
Commerce to reconsider the exporter/producer's eligibility to certify
to that fact.
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\12\ See Issues and Decisions Memoranda at the Comment entitled
``Whether Commerce Should Reconsider Certification Eligibility in
Changed Circumstances Reviews.''
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Suspension of Liquidation and Cash Deposit Requirements
On June 6, 2022, the President of the United States signed
Presidential Proclamation 10414, ``Declaration of Emergency and
Authorization for Temporary Extensions of Time and Duty-Free
Importation of Solar Cells and Modules from Southeast Asia.'' \13\ In
Presidential Proclamation 10414, the President directed the Secretary
of Commerce (the Secretary) to:
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\13\ See Proclamation No. 10414, Declaration of Emergency and
Authorization for Temporary Extensions of Time and Duty-Free
Importation of Solar Cells and Modules from Southeast Asia, 87 FR
35067 (June 9, 2022) (Proclamation 10414).
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
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proclamation . . .
On September 12, 2022, Commerce added Part 362 to its regulations
to implement Presidential Proclamation 10414. 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 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 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.\14\
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\14\ ``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.'' \15\ The ``Date of
Termination'' is ``June 6, 2024, or the date the emergency described in
Presidential Proclamation 10414 has been terminated, whichever occurs
first.'' \16\ The ``Utilization Expiration Date'' is ``the date 180
days after the Date of Termination.'' \17\ ``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.\18\
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\15\ See 19 CFR 362.102.
\16\ Id.
\17\ Id.
\18\ Id.
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[[Page 57422]]
Therefore, based on these affirmative determinations of
circumvention, Commerce will direct CBP to continue to suspend
liquidation of, 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,\19\ but prior to the Date of
Termination of Presidential Proclamation 10414. 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
AD Order and/or 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 AD Order and/or CVD
Order, the cash deposit rate will be the company-specific cash deposit
rate established under the AD Order and/or CVD Order for the company in
China 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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\19\ 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).
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Entries on or After Termination of Presidential Proclamation 10414
Upon termination of the Presidential Proclamation 10414, Commerce
will issue instructions to CBP that are described in 19 CFR
362.103(b)(2). Further, consistent with 19 CFR 362.103(b)(3), after the
Preliminary Determinations, Commerce issued instructions to CBP
pursuant to 19 CFR 362.103(b)(3).\20\
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\20\ See Preliminary Determinations, 87 FR at 75224.
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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, 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 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.
Certifications
In order to administer these country-wide affirmative
determinations of circumvention, and the company-specific negative
determinations of circumvention, and to implement Presidential
Proclamation 10414, 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 negative circumvention
determinations with respect to the exporters listed in Appendix III to
this notice in combination with certain wafer exporters (see Appendix V
to this notice); 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
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.\21\
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\21\ See Preliminary Determinations PDM at the section titled
``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 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. For entries of inquiry merchandise more than 14 days
after the date of publication of the notice of Commerce's Preliminary
Determinations of circumvention in the Federal Register, the applicable
importer certification must be completed and signed by the time the
entry summary is filed for the relevant entry. For entries
[[Page 57423]]
of inquiry merchandise during the period April 1, 2022, (the date of
initiation of these circumvention inquiries) through the 14th day after
the date of publication of the notice of Commerce's Preliminary
Determinations of circumvention in the Federal Register, where the
entry has not been liquidated (and entries for which liquidation has
not become final), the applicable importer certification should have
been completed and signed by no later than 45 days after the date of
publication of the notice of Commerce's Preliminary Determinations of
circumvention in the Federal Register. For entries of inquiry
merchandise during the period April 1, 2022, through the 14th day after
the date of publication of the notice of Commerce's Preliminary
Determinations of circumvention in the Federal Register, importers have
the option to complete a blanket certification covering multiple
entries, individual certifications for each entry, or a combination
thereof.
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.). For shipments of inquiry merchandise
more than 14 days after the date of publication of the notice of
Commerce's Preliminary Determinations of circumvention in the Federal
Register, the applicable exporter certification must be completed and
signed, and a copy of the certification provided to the importer, on,
or prior to, the date of shipment. For entries during the period April
1, 2022, (the date of initiation of these circumvention inquiries)
through the 14th day after the date of publication of the notice of
Commerce's Preliminary Determinations of circumvention in the Federal
Register, the applicable exporter certification should have been
completed and signed, and a copy of the certification provided to the
importer, by no later than 45 days after the date of publication of the
notice of Commerce's Preliminary Determinations of circumvention in the
Federal Register. For shipments of inquiry merchandise during the
period April 1, 2022, through the 14th day after the date of
publication of the notice of Commerce's Preliminary Determinations of
circumvention in the Federal Register, exporters have the option to
complete a blanket certification covering multiple entries, individual
certifications for each entry, or a combination thereof.
The exporter certification should be completed by the party selling
the solar cells or solar modules to the United States that were
manufactured in Cambodia, Malaysia, Thailand, or Vietnam.
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 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 were 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
country-wide affirmative determinations of circumvention and the
Orders,\22\ 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.
---------------------------------------------------------------------------
\22\ See Orders.
---------------------------------------------------------------------------
Administrative Protective Order
This notice will serve as the only reminder to all parties subject
to an administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
an APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
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)(2).
Dated: August 17, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendices
------------------------------------------------------------------------
Appendix No. Appendix name
------------------------------------------------------------------------
I................................ List of Topics Discussed in the
Issues and Decision Memoranda
II............................... List of Companies to Which Commerce
Applied AFA
III.............................. List of Companies Found Not To Be
Circumventing
IV............................... Certification for ``Applicable
Entries''
V................................ Certification for Entries of Inquiry
Merchandise From Companies Found Not
To Be Circumventing
VI............................... Certification Regarding Chinese
Components
------------------------------------------------------------------------
Appendix I
List of Topics Discussed in the Issues and Decision Memoranda
Cambodia
I. Summary
II. Background
III. Merchandise Subject to the Scope Inquiry
IV. Scope of the Orders
V. Regulatory Framework for Scope Inquiry
VI. Interested Party Scope Comments
VII. Scope Determination
VIII. Scope of the Circumvention Inquiry
IX. Period of the Circumvention Inquiry
[[Page 57424]]
X. Changes Since the Preliminary Determination
XI. Discussion of the Issues
Comment 1. Whether Solar Cells With a p/n Junction Formed
Outside of China Should Be Subject to the Circumvention Inquiries
Comment 2. Whether a Wafer Should Be Considered a Chinese Input
Where Either the Wafer or the Polysilicon in the Wafer was Produced
Outside of China
Comment 3. Whether Commerce Should Analyze Investment Data on a
Per-Unit Basis
Comment 4. Whether to Depart from the Section 781(b)(2) ``Minor
or Insignificant'' Methodology Applied in the Preliminary
Determinations
Comment 5. Whether the Nature of Third-Country Processing
Indicates the Processing is Minor or Insignificant Under Section
781(b)(2)(C) of the Act
Comment 6. How to Value U.S. Imports of Solar Cells and Modules
for Purposes of Section 781(b)(2)(E) of the Act
Comment 7. Whether Material Costs Should be Included in the
Value of Third-Country Processing
Comment 8. Whether Commerce Should Rely on Surrogates To Value
Chinese Inputs Consumed in the Inquiry Country
Comment 9. Whether Commerce Should Apply AFA to NE Solar
Comment 10. Whether NE Solar's Production Process Data Support a
Negative Final Determination
Comment 11. Whether To Include BYD HK's Tollers in Determining
Whether the Process of Assembly or Completion is Minor or
Insignificant
Comment 12. Whether BYD HK's Process of Assembly in Cambodia is
Minor or Insignificant Under Section 781(b)(1)(C) of the Act
Comment 13. Whether the Factors Under 781(b)(3) of the Act
Justify an Affirmative Final Determination
Comment 14. Whether Commerce's Country-Wide Affirmative
Circumvention Determination was Appropriate
Comment 15. Affirmative Circumvention Determinations Would not
be Appropriate Under Section 781(b)(1)(E) of the Act
Comment 16. Whether Commerce Should Allow AFA Companies To
Certify
Comment 17. Certification Requirements and Corrections
Comment 18. Whether Commerce Can Require Certifications for U.S.
Entries of Merchandise Not Covered by the Orders
Comment 19. Whether Exporters and Importers Should be Permitted
To Submit Multiple Certifications, as Applicable
Comment 20. Whether or Not Companies Found Not To Be
Circumventing Should Be Required To Certify and To Identify Their
Wafer Suppliers
Comment 21. Whether Commerce Should Reconsider Certification
Eligibility in Changed Circumstances Reviews
Comment 22. Whether Cadmium Telluride Thin Film Solar Products
are Covered by Affirmative Final Determinations or Related
Certification Requirements
Comment 23. Clarification and Enforcement of the Utilization
Requirement
Comment 24. Whether the ``Wafer-Plus-Three'' Requirement is
Appropriate
Comment 25. Whether Commerce Properly Placed Ex Parte Memoranda
on the Record That Concerned the Circumvention Inquiries
Comment 26. Whether Commerce's Determination To Apply
Presidential Proclamation 10414 Retroactively is Contrary to Law
Comment 27. Whether Third-Country Exporters Without an AD Rate
Should Receive the Separate Rate
XII. Recommendation
Malaysia
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1. Whether Solar Cells With a p/n Junction Formed
Outside of China Should Be Subject to Circumvention Inquiries
Comment 2. Whether a Wafer Should Be Considered a Chinese Input
Where Either the Wafer or the Polysilicon in the Wafer was Produced
Outside of China.
Comment 3. Whether Commerce Should Analyze Investment Data on a
Per-Unit Basis
Comment 4. Whether To Depart From the Section 781(b)(2) ``Minor
or Insignificant'' Methodology Applied in the Preliminary
Determinations
Comment 5. Whether the Nature of Third-Country Processing
Indicates the Processing is Minor or Insignificant Under Section
781(b)(2)(C) of the Act
Comment 6. Whether Material Costs Should be Included in the
Value of Third-Country Processing
Comment 7. Whether Commerce Should Correct Certain Ministerial
Errors and Minor Verification Corrections
Comment 8. Whether Jinko's Cell and Module Manufacturing is
Minor or Insignificant Under Section 781(b)(1)(C) of the Act
Comment 9. Whether Hanwha's Cell and Module Manufacturing is
Minor or Insignificant under Section 781(b)(1)(C) of the Act
Comment 10. Whether Hanwha's Shipments of Chinese Inputs Weighs
in Favor of Circumvention Under Section 781(b)(3)(C) of the Act
Comment 11. Whether Commerce's Country-Wide Affirmative
Circumvention Determination Was Appropriate
Comment 12. Affirmative Circumvention Determinations Would Not
Be Appropriate Under Section 781(b)(1)(E) of the Act
Comment 13. Whether Commerce Should Allow AFA Companies To
Certify
Comment 14. Certification Requirements and Corrections
Comment 15. Whether Commerce Can Require Certifications for U.S.
Entries of Merchandise Not Covered by the Orders
Comment 16. Whether Exporters and Importers Should be Permitted
To Submit Multiple Certifications, as Applicable
Comment 17. Whether or Not Companies Found Not To Be
Circumventing Should be Required To Certify and To Identify Their
Wafer Suppliers
Comment 18. Whether Commerce Should Reconsider Certification
Eligibility in Changed Circumstances Reviews
Comment 19. Whether Cadmium Telluride Thin Film Solar Products
are Covered by Affirmative Final Determinations or Related
Certification Requirements
Comment 20. Clarification and Enforcement of the Utilization
Requirement
Comment 21. Whether the ``Wafer-Plus-Three'' Requirement is
Appropriate
Comment 22. Whether Commerce Properly Placed Ex Parte Memoranda
on the Record That Concerned the Circumvention Inquiries
Comment 23. Whether Commerce's Determination to Apply
Presidential Proclamation 10414 Retroactively is Contrary to Law
Comment 24. Whether Third-Country Exporters Without an AD Rate
Should Receive the Separate Rate
VIII. Recommendation
Thailand
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1. Whether Solar Cells With a p/n Junction Formed
Outside of China Should Be Subject to Circumvention Inquiries
Comment 2. Whether a Wafer Should Be Considered a Chinese Input
Where Either the Wafer or the Polysilicon in the Wafer was Produced
Outside of China.
Comment 3. Whether Commerce Should Analyze Investment Data on a
Per-Unit Basis
Comment 4. Whether To Depart from the Section 781(b)(2) ``Minor
or Insignificant'' Methodology Applied in the Preliminary
Determinations
Comment 5. How to Value U.S. Imports of Solar Cells and Modules
for Purposes of Section 781(b)(2)(E) of the Act
Comment 6. Whether Material Costs Should Be Included in the
Value of Third-Country Processing
Comment 7. Whether Commerce Should Rely on Surrogates To Value
Chinese Inputs Consumed in the Inquiry Country
Comment 8. Whether Third Country Processing was Minor-General
Comment 9. Whether the Factors Under 781(b)(3) of the Act
Justify an Affirmative Final Determination
Comment 10. Affirmative Circumvention Determinations Would Not
Be
[[Page 57425]]
Appropriate Under Section 781(b)(1)(E) of the Act
Comment 11. Whether Commerce Should Allow AFA Companies To
Certify
Comment 12. Certification Requirements and Corrections
Comment 13. Whether Commerce Can Require Certifications for U.S.
Entries of Merchandise Not Covered by the Orders
Comment 14. Whether Exporters and Importers Should Be Permitted
To Submit Multiple Certifications, as Applicable
Comment 15. Whether or Not Companies Found Not To Be
Circumventing Should be Required to Certify and to Identify Their
Wafer Suppliers
Comment 16. Whether Commerce Should Reconsider Certification
Eligibility in Changed Circumstances Reviews
Comment 17. Whether Cadmium Telluride Thin Film Solar Products
are Covered by Affirmative Final Determinations or Related
Certification Requirements
Comment 18. Clarification and Enforcement of the Utilization
Requirement
Comment 19. Whether the ``Wafer-Plus-Three'' Requirement is
Appropriate
Comment 20. Whether Commerce Properly Placed Ex Parte Memoranda
on the Record That Concerned the Circumvention Proceedings
Comment 21. Whether Commerce's Determination To Apply
Presidential Proclamation 10414 Retroactively is Contrary to Law
Comment 22. Whether Third-Country Exporters Without an AD Rate
Should Receive the Separate Rate
VIII. Recommendation
Vietnam
I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Circumvention Inquiry
V. Period of the Circumvention Inquiry
VI. Changes Since the Preliminary Determination
VII. Discussion of the Issues
Comment 1. Whether Solar Cells With a p/n Junction Formed
Outside of China Should Be Subject to Circumvention Inquiries
Comment 2. Whether a Wafer Should Be Considered a Chinese Input
Where Either the Wafer or the Polysilicon in the Wafer was Produced
Outside of China.
Comment 3. Whether Commerce Should Analyze Investment Data on a
Per-Unit Basis
Comment 4. Whether To Depart From the Section 781(b)(2) ``Minor
or Insignificant'' Methodology Applied in the Preliminary
Determinations
Comment 5. How To Value U.S. Imports of Solar Cells and Modules
for Purposes of Section 781(b)(2)(E) of the Act
Comment 6. Whether Material Costs Should Be Included in the
Value of Third-Country Processing
Comment 7. Whether Third Country Processing was Minor-General
Comment 8. Whether VSUN Is Eligible to Participate in the
Certification Program
Comment 9. Whether Commerce's Rejection of Red Sun Q&V
Submission was Proper
Comment 10. Whether Commerce Should Base Surrogate Financial
Ratios on Websol Energy's Financial Statements
Comment 11. Whether Commerce's Country-Wide Affirmative
Circumvention Determination Appropriate
Comment 12. Affirmative Circumvention Determinations Would not
Be Appropriate Under Section 781(b)(1)(E) of the Act
Comment 13. Whether Commerce Should Allow AFA Companies to
Certify
Comment 14. Whether Commerce Should Allow Vina's Affiliates to
Certify
Comment 15. Certification Requirements and Corrections
Comment 16. Whether Commerce Can Require Certifications for U.S.
Entries of Merchandise Not Covered by the Orders
Comment 17. Whether Exporters and Importers Should be Permitted
to Submit Multiple Certifications, as Applicable
Comment 18. Whether or Not Companies Found Not to Be
Circumventing Should be Required to Certify and to Identify Their
Wafer Suppliers
Comment 19. Whether Commerce Should Reconsider Certification
Eligibility in Changed Circumstances Reviews
Comment 20. Whether Cadmium Telluride Thin Film Solar Products
are Covered by Affirmative Final Determinations or Related
Certification Requirements
Comment 21. Clarification and Enforcement of the Utilization
Requirement
Comment 22. Whether the ``Wafer-Plus-Three'' Requirement is
Appropriate
Comment 23. Whether Commerce Properly Placed Ex Parte Memoranda
on the Record That Concerned the Circumvention Proceedings
Comment 24. Whether Commerce's Determination To Apply
Presidential Proclamation 10414 Retroactively is Contrary to Law
Comment 25. Whether Third-Country Exporters Without an AD Rate
Should Receive the Separate Rate
VIII. Recommendation
Appendix II--List of Companies to Which Commerce Applied AFA
Cambodia
1. New East Solar Energy (Cambodia) Co., Ltd.
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 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. Red Sun Energy Co., Ltd.
9. Vina Solar Technology Co., Ltd.
Appendix III--List of Companies Found Not To Be Circumventing
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.,
[[Page 57426]]
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. Absent the affirmative determination of circumvention, are
not covered by 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;
4. Are not covered by the antidumping duty order on certain
crystalline silicon photovoltaic products from Taiwan;
5. 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
6. 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-------------------------------------------------------------------
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;
3. Absent the affirmative determination of circumvention, are
not covered by 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; and
4. Are not covered by 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
[[Page 57427]]
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 Found
Not To Be Circumventing
Company Name: Boviet Solar Technology Co., Ltd.
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 Vietnam
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 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 that
were exported to Vietnam by Ningbo Kyanite International Trade Co.,
Ltd.
(G) 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 F 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.
(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.
[[Page 57428]]
(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
TITLE OF COMPANY OFFICIAL
Date-------------------------------------------------------------------
Exporter Certification
Certification for Entries of Inquiry Merchandise From Companies 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 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-------------------------------------------------------------------
Certification for Entries of Inquiry Merchandise From Companies Found
Not To Be Circumventing
Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.
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
Malaysia 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 solar cells and/or solar modules covered by this
certification were:
[[Page 57429]]
1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd.,
using wafers manufactured in the People's Republic of China that
were exported to Malaysia by: {CHECK THE RELEVANT WAFER EXPORTERS
BELOW{time} (we have afforded business proprietary information
(BPI) treatment to the names of the wafer exporters; for a table of
the names of the wafer exporters, which must be included as part of
this paragraph in the certificate submitted to CBP--please refer to
the proprietary version of this certification on ACCESS).
(G) The U.S. Department of Commerce (Commerce) found that solar
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn.
Bhd., using wafers manufactured in China that were exported by the
wafer supplier(s) listed in item F above, and exported by Hanwha Q
CELLS Malaysia Sdn. Bhd. 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.
(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 Found
Not To Be Circumventing
Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.
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 COMPANY{time} , located at {ADDRESS OF
COMPANY{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 were:
1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd.
using wafers manufactured in the People's Republic of China (China)
that were exported to Malaysia by: {CHECK THE RELEVANT WAFER
EXPORTERS BELOW{time} (we have afforded business proprietary
information (BPI) treatment to the names of the wafer exporters; for
a table of the names of the wafer exporters, which must be included
as part of this paragraph in the certificate submitted to CBP--
please refer to the proprietary version of this certification on
ACCESS).
(E) The U.S. Department of Commerce (Commerce) found that solar
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn.
Bhd., using wafers manufactured in China that were exported by the
wafer supplier(s) listed in item D above, and exported by Hanwha Q
CELLS Malaysia Sdn. Bhd. 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 Hanwha Q CELLS Malaysia Sdn. Bhd. 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 Hanwha Q CELLS Malaysia Sdn. Bhd. 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
[[Page 57430]]
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 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-------------------------------------------------------------------
Certification for Entries of Inquiry Merchandise From Companies Found
Not To Be Circumventing
Company Name: Jinko Solar Technology Sdn. Bhd.; and Jinko Solar
(Malaysia) Sdn. Bhd.
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
Malaysia 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 solar cells and/or solar modules covered by this
certification were:
1. Sold to the United States by Jinko Solar Technology Sdn. Bhd.
or Jinko Solar (Malaysia) Sdn. Bhd.
2. Exported to the United States by Jinko Solar Technology Sdn.
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd.
3. Produced in Malaysia by Jinko Solar Technology Sdn. Bhd. or
Jinko Solar (Malaysia) Sdn. Bhd.{time} , using wafers manufactured
in the People's Republic of China that were exported to Malaysia by:
{CHECK THE RELEVANT WAFER EXPORTERS BELOW{time}
------------------------------------------------------------------------
------------------------------------------------------------------------
Jinko Solar Co., Ltd.........................
Jinko Solar Import and Export Co., Ltd.......
Jinko Solar (Chuzhou) Co., Ltd...............
Jinko Solar (Shangrao) Co., Ltd..............
Yuhuan Jinko Solar Co., Ltd..................
JINKOSOLAR MIDDLE EAST DMCC..................
------------------------------------------------------------------------
(G) The U.S. Department of Commerce (Commerce) found that solar
cells and/or solar modules produced by Jinko Solar Technology Sdn.
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd., using wafers manufactured
in China that were exported by the wafer supplier(s) identified in
item F above, and exported by Jinko Solar Technology Sdn. Bhd. or
Jinko Solar (Malaysia) Sdn. Bhd. 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.
(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
[[Page 57431]]
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 Found
Not To Be Circumventing
Company Name: Jinko Solar Technology Sdn. Bhd.; and Jinko Solar
(Malaysia) Sdn. Bhd.
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 COMPANY{time} , located at {ADDRESS OF
COMPANY{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 were:
1. Sold to the United States by Jinko Solar Technology Sdn. Bhd.
or Jinko Solar (Malaysia) Sdn. Bhd.
2. Exported to the United States by Jinko Solar Technology Sdn.
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd.
3. Produced in Malaysia by Jinko Solar Technology Sdn. Bhd. or
Jinko Solar (Malaysia) Sdn. Bhd. using wafers manufactured in the
People's Republic of China (China) that were exported to Malaysia
by: {CHECK THE RELEVANT WAFER EXPORTERS BELOW{time}
------------------------------------------------------------------------
------------------------------------------------------------------------
Jinko Solar Co., Ltd......................
Jinko Solar Import and Export Co., Ltd....
Jinko Solar (Chuzhou) Co., Ltd............
Jinko Solar (Shangrao) Co., Ltd...........
Yuhuan Jinko Solar Co., Ltd...............
JINKOSOLAR MIDDLE EAST DMCC...............
------------------------------------------------------------------------
(E) The U.S. Department of Commerce (Commerce) found that solar
cells and/or solar modules produced by Jinko Solar Technology Sdn.
Bhd. or Jinko Solar (Malaysia) Sdn. Bhd., using wafers manufactured
in China that were exported by the wafer supplier(s) identified in
item D above, and exported by Jinko Solar Technology Sdn. Bhd. or
Jinko Solar (Malaysia) Sdn. Bhd. 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 Jinko Solar Technology Sdn. Bhd. or Jinko
Solar (Malaysia) Sdn. Bhd. are 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 Jinko Solar Technology Sdn. Bhd. or Jinko
Solar (Malaysia) Sdn. Bhd. are 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 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.
[[Page 57432]]
``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: (a) absent the affirmative determination of
circumvention, are not covered by 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; and (b) are not covered by 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):
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:
(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-------------------------------------------------------------------
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: (a) absent the affirmative determination of
circumvention, are not covered by 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; and (b) are not covered by the antidumping duty
order on certain crystalline silicon photovoltaic products from
Taiwan.
[[Page 57433]]
(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):
# 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):
(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 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.
(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. 2023-18161 Filed 8-22-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.