China Solar Cells: Prelim Determination of CV Critical Circumstances
The International Trade Administration has made a preliminary affirmative determination of critical circumstances in the countervailing duty investigation of crystalline silicon photovoltaic cells (solar cells), whether or not assembled into modules, from China (C-570-980).
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The ITA is issuing this determination pursuant to the petitioners’ CV critical circumstances allegation regarding Wuxi Suntech Power Co., Ltd. (Suntech) and Changzhou Trina Solar Energy Co., Ltd. (Trina), the mandatory respondents in the CV duty investigation. SolarWorld Industries America Inc. filed the petition on October 19, 2011.
Any Preliminary CV Suspension of Liq and Cash/Bond to Take Effect “90 Days Early”
The ITA preliminarily determines that critical circumstances exist for imports of solar cells from Suntech and Trina, as well as imports of solar cells from all other producers or exporters from China.
As a result, ITA will instruct U.S. Customs and Border Protection to suspend liquidation and require a CV cash deposit or the posting of a bond equal to the estimated preliminary CV rates, for entries of subject solar cells that are entered, or withdrawn from warehouse, for consumption1 on or after the date that is 90 days prior to the effective date of a preliminary affirmative CV determination.
(ITA will make a final determination concerning CV critical circumstances when it makes its final determination in this CV duty investigation. See ITA notice for additional information, including ITA's finding of massive imports, the scope of the investigation, etc.
See ITT's Online Archives 12013021 for summary of ITA's second postponement of the CV preliminary determination due date to March 2, 2012.* See ITT's Online Archives 11122818 for summary of ITA's first postponement of the CV preliminary determination.* See ITT’s Online Archives 11111611, for summary of the ITA’s initiation of this investigation, along with its companion antidumping (AD) duty investigation, which includes the scope of the investigation and certain deadlines and the initial due dates.)
1Note that in 1996 CBP issued Adm: 96-0392 stating that as a matter of policy it interpreted the ITA's "entered or withdrawn" language in accordance with the "time of entry" regulations in 19 CFR 141.68 and 141.69.
ITA contact: Gene Calvert (202) 482-3586
(FR Pub 02/03/12, ITA Case No. C-570-980)
*Citations added on 02/07/12