China Solar Cells: Preliminary AD Cash Deposit/Bond Rates Take Effect

(See ITT's Online Archives 12032602 for summary of affirmative preliminary determination in this case's companion countervailing duty investigation.)

Preliminary Critical Circumstances Found for All Companies

The ITA preliminarily determined that critical circumstances exist for exports from all companies, including Wuxi Suntech, Trina Solar, the separate rate respondents, and the China-wide entity.

AD Suspension of Liquidation and Cash/Bond Requirements

Because the ITA has preliminarily found that critical circumstances exist with regard to exports from all Chinese exporters of solar cells, it will instruct CBP to suspend liquidation of covered entries with a time of entry on or after 90 days prior to May 25, 2012 (the publication date of this preliminary determination), i.e., February 25, 2012.

The preliminary AD cash deposit, or bond posting, rates are as follows:

(The period of investigation is 04/01/11 -- 09/30/11. See ITA’s notice for more information, including the postponement of the final determination, etc.).

ITA Amends Scope to Include Certain Third Country Solar Cells, Add HTS No.

The ITA said that on March 19, 2012 it clarified the scope language of both the AD and CV investigations of solar cells to say that modules, laminates, and panels produced in a third country from solar cells produced in China are covered by the investigations; however, modules, laminates and panels produced in China from solar cells produced in a third country are not covered by the investigations.

In addition, the ITA added a Harmonized Tariff Schedule subheading, 8501.31.8000, to the scope in response to a notification by CBP that certain articles under this number may fall within the scope. However, the ITA provides HTS subheadings for convenience and customs purposes, and the written description of the scope is dispositive.

Importers of Third Country Panels w/ Chinese Cells Without Case Numbers Should Contact CBP

The ITA said if importers are attempting to import solar panels/modules with solar cells produced in China from third countries without third country case numbers related to this order, the importers should contact CBP Headquarters immediately.

¹In this investigation's companion CV proceeding, the ITA preliminarily determined that the products under investigation exported by Trina Solar benefited from an export subsidy. Therefore, for merchandise under consideration exported by Trina Solar, the ITA will instruct CBP to reduce Trina Solar's AD rate by the export subsidy rate determined for Trina Solar.

See ITT’s Online Archives 12051805 for summary of the ITA’s fact sheet on this preliminary determination. See ITT’s Online Archives 11111611 for summary of initiation of this investigation.)

ITA contact -- Howard Smith (202) 482-5193

(FR Pub 05/24/12, ITA Case No. A-570-979)