Notice2025-03557
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Notice of Final Results of Changed Circumstances Reviews; Correction
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
March 5, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) published notice in the Federal Register of December 12, 2024 in which Commerce announced the final results of the 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 (Hanwha). This notice corrects portions of the Appendix V certification, also attached herein.
Full Text
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<title>Federal Register, Volume 90 Issue 42 (Wednesday, March 5, 2025)</title>
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[Federal Register Volume 90, Number 42 (Wednesday, March 5, 2025)]
[Notices]
[Pages 11253-11256]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03557]
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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: Notice of Final
Results of Changed Circumstances Reviews; Correction
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 11254]]
ACTION: Notice; correction.
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SUMMARY: The U.S. Department of Commerce (Commerce) published notice in
the Federal Register of December 12, 2024 in which Commerce announced
the final results of the 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 (Hanwha). This notice
corrects portions of the Appendix V certification, also attached
herein.
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 December 12, 2024, Commerce published in the Federal Register
the final results of the CCRs of the AD and CVD orders on solar cells
from China, with respect to Hanwha.\1\ In this notice, Commerce
incorrectly referenced the preliminary determination of circumvention
in paragraph O of the importer certification, and paragraph L of the
exporter certification. The complete corrected appendix is attached to
this notice as Amended Appendix V Certification.
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Notice
of Final Results of Changed Circumstances Reviews, 89 FR 100466
(December 12, 2024).
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Correction
In the Federal Register of December 12, 2024, in FR Doc 2024-29328,
on page 100469, in the third column, correct paragraph O as follows:
(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 corrected
final results of changed circumstances reviews 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 corrected final results of
changed circumstances reviews in the Federal Register, this
certification was completed and signed by no later than 45 days after
publication of the notice of Commerce's corrected final results of
changed circumstances reviews in the Federal Register.
In the Federal Register of December 12, 2024, in FR Doc 2024-29328,
on page 100470 in the second column, correct paragraph L as follows:
(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 corrected final results of
changed circumstances reviews 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 corrected final results of changed circumstances
reviews 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
corrected final results of changed circumstances reviews in the Federal
Register.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(b)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19
CFR 351.221(b)(1) and 19 CFR 351.221(c)(3).
Dated: February 27, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
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).
(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
[[Page 11255]]
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 corrected
final results of changed circumstances reviews 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 corrected final
results of changed circumstances reviews in the Federal Register,
this certification was completed and signed by no later than 45 days
after publication of the notice of Commerce's corrected final
results of changed circumstances reviews 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}
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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 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 corrected final
results of changed circumstances reviews 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 corrected final results of
changed circumstances reviews 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
[[Page 11256]]
of Commerce's corrected final results of changed circumstances
reviews 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}
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Date
[FR Doc. 2025-03557 Filed 3-4-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on March 5, 2025.
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