Notice2024-14033
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review
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
June 26, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is initiating and issuing preliminary results of changed circumstances reviews (CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from the People's Republic of China (China), with respect to Hanwha Q CELLS Malaysia Sdn. Bhd. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 123 (Wednesday, June 26, 2024)</title>
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[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53388-53392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14033]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Initiation and
Preliminary Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating and
issuing preliminary results of changed circumstances reviews (CCR) of
the antidumping duty (AD) and countervailing duty (CVD) orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar cells) from the People's Republic of China (China), with
respect to Hanwha Q CELLS Malaysia Sdn. Bhd. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable June 26, 2024.
FOR FURTHER INFORMATION CONTACT: Peter Shaw, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0697.
SUPPLEMENTARY INFORMATION:
Background
On August 23, 2023, Commerce published in the Federal Register the
final affirmative determination of circumvention with respect to
Malaysia.\1\ On May 6, 2024, Hanwha Q CELLS Sdn. Bhd. and Hanwha Q
Cells USA, Inc. (collectively, Hanwha) requested, through a CCR
request, that Commerce amend the certification requirements for Hanwha,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), 19 CFR 351.216(b), and 19 CFR 351.221(c)(3).\2\ Specifically,
Hanwha requested a CCR to amend the Appendix V certification for
Hanwha, provided in the Solar Cells Circumvention, to add additional
wafer suppliers.\3\ No interested parties filed comments opposing the
CCR request.
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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: Final Scope
Determination and Final Affirmative Determinations of Circumvention
with Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR
57419 (August 23, 2023) (Solar Cells Circumvention), and
accompanying Malaysia Issues and Decision Memorandum (Malaysia IDM).
\2\ See Hanwha's Letter, ``Resubmission of Hanwha Q CELLS USA,
Inc. and Hanwha Q CELLS Malaysia Sdn. Bhd.'s Request for Changed
Circumstances Review,'' dated May 6, 2024 (Hanwha CCR Request).
\3\ Id. at 2.
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Scope of the Orders
The merchandise covered by these Orders is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.\4\
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\4\ See 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); see also
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) (collectively, Orders). On
March 20, 2024, based on a CCR, Commerce amended the Orders. See
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Final Results of
Changed Circumstances Reviews, and Revocation of the Antidumping and
Countervailing Duty Orders, in Part, 89 FR 19809 (March 20, 2024).
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These Orders cover crystalline silicon photovoltaic cells of
thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of the Orders.
Excluded from the scope of the Orders are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the Orders are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that
are permanently integrated into a consumer good whose function is other
than power generation and that consumes the electricity generated by
the integrated crystalline silicon photovoltaic cell. Where more than
one cell is permanently integrated into a consumer good, the surface
area for purposes of this exclusion shall be the total combined surface
area of all cells that are integrated into the consumer good.
Additionally, excluded from the scope of the Orders are panels with
surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and
one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in
length when measured from panel extrusion), and not exceeding 2.9
volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no
panel shall contain an internal battery or external computer peripheral
ports.
Also excluded from the scope of the Orders are:
1. Off grid CSPV panels in rigid form with a glass cover, with the
following characteristics:
(A) a total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in
either an 8mm male barrel connector, or a two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics:
(A) a total power output of 100 watts or less per panel;
[[Page 53389]]
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) the panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached wire
that terminates in a female USB-A connector.
In addition, the following CSPV panels are excluded from the scope
of the Orders: Off-grid CSPV panels in rigid form with a glass cover,
with each of the following physical characteristics, whether or not
assembled into a fully completed off-grid hydropanel whose function is
conversion of water vapor into liquid water:
(A) A total power output of no more than 80 watts per panel;
(B) A surface area of less than 5,000 cm\2\ per panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the edges of the panel;
(E) Include a clear glass back panel; and
(F) Must include a permanently connected wire that terminates in a
two-port rectangular connector.
Additionally excluded from the scope of the Orders are off-grid
small portable crystalline silicon photovoltaic panels, with or without
a glass cover, with the following characteristics: (1) a total power
output of 200 watts or less per panel; (2) a maximum surface area of
16,000 cm\2\ per panel; (3) no built-in inverter; (4) an integrated
handle or a handle attached to the package for ease of carry; (5) one
or more integrated kickstands for easy installation or angle
adjustment; and (6) a wire of not less than 3 meters either permanently
connected or attached to the package that terminates in an 8mm diameter
male barrel connector.
Modules, laminates, and panels produced in a third country from
cells produced in China are covered by the Orders; however, modules,
laminates, and panels produced in China from cells produced in a third
country are not covered by the Orders.
Additionally excluded from the scope of this Order are off-grid
small portable crystalline silicon photovoltaic panels, with or without
a glass cover, with the following characteristics: (1) a total power
output of 200 watts or less per panel; (2) a maximum surface area of
16,000 cm\2\ per panel; (3) no built-in inverter; (4) an integrated
handle or a handle attached to the package for ease of carry; (5) one
or more integrated kickstands for easy installation or angle
adjustment; and (6) a wire of not less than 3 meters either permanently
connected or attached to the package that terminates in an 8mm diameter
male barrel connector.
Also excluded from the scope of this Orders are off-grid
crystalline silicon photovoltaic panels in rigid form with a glass
cover, with each of the following physical characteristics, whether or
not assembled into a fully completed off-grid hydropanel whose function
is conversion of water vapor into liquid water:
(A) A total power output of no more than 180 watts per panel at 155
degrees Celsius;
(B) A surface area of less than 16,000 square centimeters (cm\2\)
per panel;
(C) Include a keep-out area of approximately 1,200 cm\2\ around the
edges of the panel that does not contain solar cells;
(D) Do not include a built-in inverter;
(E) Do not have a frame around the edges of the panel;
(F) Include a clear glass back panel;
(G) Must include a permanently connected wire that terminates in a
two-port rounded rectangular, sealed connector;
(H) Include a thermistor installed into the permanently connected
wire before the two-port connector; and
(I) Include exposed positive and negative terminals at opposite
ends of the panel, not enclosed in a junction box.
Merchandise covered by the Orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000,
8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000,
8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091,
8541.42.0010, and 8541.43.0010. These HTSUS subheadings are provided
for convenience and customs purposes; the written description of the
scope of the Order is dispositive.\5\
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\5\ See Orders.
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Proposed Amendment of the Appendix V Certification
Hanwha requested that the Appendix V Certification provided for
Hanwha in the Solar Cells Circumvention be amended to include
additional unaffiliated wafer suppliers.\6\ See the appendix to this
notice for the amended version of the Appendix V Certification.\7\
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\6\ See Hanwha CCR Request.
\7\ We have afforded business proprietary information (BPI)
treatment to the names of the wafer exporters. See Memorandum,
``Initiation and Preliminary Results of Changed Circumstances
Review--BPI Addendum,'' dated concurrently with this notice.
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Initiation of CCRs
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
CCR upon receipt of a request from an interested party that shows
changed circumstances sufficient to warrant a review of the Orders. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Hanwha shows changed circumstances sufficient
to warrant a review of the Orders.
Therefore, in accordance with section 751(b)(1) of the Act, and 19
CFR 351.216(d), we are initiating a CCR based on the information
contained in Hanwha's CCR request. In addition, Commerce's regulations
at 19 CFR 351.221(c)(3)(ii) permit it to initiate a CCR and issue the
preliminary results of that CCR simultaneously if it concludes that
expedited action is warranted. We have on the record the information
necessary to make a preliminary finding and therefore we find that
expedited action is warranted. Consequently, we are combining the
notice of initiation and the preliminary results of review into a
single notice, in accordance with 19 CFR 351.221(c)(3)(ii).
Preliminary Results of CCR
In the Solar Cells Circumvention, Commerce made its negative
circumvention determination for Hanwha based on a direct comparison
between Hanwha and its affiliates in the country subject to the Orders
when examining the criteria under section 781(b)(2) of the Act. As
noted in the Solar Cells Circumvention Malaysia IDM, Hanwha reported
that it sourced inputs solely from unaffiliated suppliers and did not
have any upstream input affiliates in China.\8\ Specifically, Hanwha
reported that it purchased Chinese-origin wafers from unaffiliated
suppliers from China. Thus, according to our analysis methodology, and
because Hanwha did not source from upstream affiliates in China, we
found that its level of investment, research and development, and the
extent of production facilities in Malaysia were
[[Page 53390]]
not minor or insignificant.\9\ Additionally, Commerce's analysis
methodology was performed on the particular supply chains reported by
each mandatory respondent. Therefore, Commerce specifically stated in
the underlying circumvention inquiry that that Hanwha's exports of
inquiry merchandise produced with wafers exported by the specific
parties reported in its questionnaire responses are not subject to the
Orders.\10\ Given our analysis noted above, Commerce established the
certification under Appendix V to provide companies found not to be
circumventing on a company-specific basis the ability to certify that
their specific supply chain is not subject to the Orders.
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\8\ See Solar Cells Circumvention Malaysia IDM at Comment 9.
\9\ Id.
\10\ Id. at Comment 17.
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In this CCR request, Hanwha is requesting two new input suppliers
be added to Hanwha's Appendix V certification that were not previously
examined in the circumvention inquiry. As noted by Hanwha in its CCR
request, these new input suppliers are unaffiliated suppliers providing
Chinese-origin wafers produced by themselves or other wafer producers
unaffiliated with Hanwha for Hanwha's production in Malaysia. As a
result, we find that the addition of these new wafer suppliers to the
certification regime does not undermine the analysis and negative
circumvention determination made in the underlying inquiry.
As such, because amending the certification with the new wafer
suppliers requested by Hanwha in this CCR request would not change the
underlying analysis of our circumvention inquiry, we preliminarily
determine that it would be appropriate to amend the certification by
adding the additional wafer suppliers identified by Hanwha.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the publication of
this notice in the Federal Register. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline for filing case briefs.\11\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\12\ All briefs must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). An electronically filed
document must be received successfully in its entirety in ACCESS by
5:00 p.m. Eastern Time on the established deadline.
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\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this CCR, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this CCR. We request that
interested parties include footnotes for relevant citations in the
public executive summary of each issue. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Procedures.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Issues raised in the hearing
will be limited to those raised in the respective case briefs. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date for the hearing.\15\ Parties should confirm the date and
the time of the hearing two days before the scheduled date.
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\15\ See 19 CFR 351.310(d).
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Final Results
Unless the deadline is extended, pursuant to 19 CFR 351.216(e),
Commerce intends to issue the final results of this CCR no later than
270 days after the date on which this review was initiated or 45 days
if all parties agree to the outcome of the review.
Notification to Interested Parties
This initiation notice and preliminary results are published in
accordance with section 751(b)(1) of the Act, 19 CFR 351.221(b)(1), and
19 CFR 351.221(c)(3)(ii).
Dated: June 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Proposed Amended Appendix V Certification
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).
[[Page 53391]]
(F) 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 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
[[Page 53392]]
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
[FR Doc. 2024-14033 Filed 6-25-24; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on June 26, 2024.
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.