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Solar Cells: Prelim CVD Rates Take Effect for 4 Southeast Asian Countries; Retroactive for Some

The Commerce Department is setting new countervailing duty cash deposit requirements for imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia (C-555-004), Malaysia (C-557-831), Thailand (C-549-852) and Vietnam (C-552-842)., after finding countervailable subsidization of producers and exporters in the four countries in the preliminary determinations of its CVD investigations. Suspension of liquidation and cash deposit requirements will generally take effect for entries on or after Oct. 4, the date that the preliminary determinations were published in the Federal Register, but Commerce is making the suspension of liquidation and CVD cash deposits retroactive to approximately July 6 for some Thai and Vietnamese companies.

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Commerce calculated zero percent CVD rates for two exporters: Trina Solar Science & Technology (Thailand) Ltd. in its investigation on Thailand; and Boviet Solar Technology Co., Ltd. in its investigation on Vietnam. These two companies will not be subject to suspension of liquidation or cash deposit requirements under those respective investigations until further notice. If Commerce continues to set zero rates for Trina and Boviet in its final determination, any merchandise both produced and exported by these companies will be exempt from any CVD order issued in connection with that respective investigation. Suspension of liquidation may still apply for AD purposes should Commerce find dumping for these two companies in its upcoming preliminary AD determinations.

Commerce also is considering the imposition of antidumping duties on solar cells from Cambodia, Malaysia, Thailand and Vietnam. The preliminary determinations in those investigations are currently due Nov. 27.

Cash Deposits Retroactive 90 Days for Some Thai, Vietnamese Companies

Commerce made a finding that all exporters of solar cells from Thailand except Trina, as well all exporters from Vietnam except Boviet and JA Solar Vietnam Company Limited, increased their exports to the U.S. in the months before the preliminary determination. This “critical circumstances” finding by the agency allows it to retroactively suspend liquidation and require CVD cash deposits for subject merchandise from these companies 90 days before the preliminary determination, i.e., July 6, 2024.

For Boviet, JA Solar and Trina, as well as all Cambodian and Malaysian exporters, suspension of liquidation and CVD cash deposit requirements take effect Oct. 4.

CV Suspension of Liquidation and Cash Deposit Requirements

Commerce says it will instruct CBP to suspend liquidation for all entries of subject merchandise that are entered, or withdrawn from a warehouse, for consumption on or after the dates listed below. Cash deposits of estimated CV duties will be required as follows:

Cambodia

CompanyCV RateSus Liq
Solarspace New Energy (Cambodia) Co., Ltd.8.25%10/04/24
Jintek Photovoltaic Technology Co., Ltd68.45%10/04/24
ISC Cambodia68.45%10/04/24
All Others8.25%10/04/24

Malaysia

CompanyCV RateSus Liq
Hanwha Q CELLS Malaysia Sdn. Bhd.14.72%10/04/24
Jinko Solar Technology Sdn Bhd / Jinko Solar (Malaysia) Sdn. Bhd. / Omega Solar Sdn. Bhd.3.47%10/04/24
Baojia New Energy123.94%10/04/24
Pax Union Resources SDN BHD123.94%10/04/24
SunMax Energy SDN BHD.123.94%10/04/24
All Others9.13%10/04/24

Thailand

CompanyCV RateSus Liq
Trina Solar Science & Technology (Thailand) Ltd.zero10/04/24
Sunshine Electrical Energy34.52%07/06/24
Taihua New Energy (Thailand) Co. Ltd.34.52%07/06/24
All Others23.06%07/06/24

Vietnam

CompanyCV RateSus Liq
Boviet Solar Technology Co., Ltd.zero10/04/24
JA Solar Vietnam Company Limited; JA Solar PV Vietnam Company Limited; JA Solar NE Vietnam Company Limited2.85%10/04/24
GEP New Energy Viet Nam Company Limited292.61%07/06/24
Vietnam Green Energy Commercial Services Company Ltd.292.61%07/06/24
Shengtian New Energy Vina Co., Ltd292.61%07/06/24
HT Solar Vietnam Limited Company292.61%07/06/24
All Others2.85%10/04/24

(The period of investigation is 01/01/23 - 12/31/23. See Commerce's notice for more information, including the scope (unchanged), suspension of liquidation, etc. See 2405170026 for a summary of the initiation of these AD and CVD investigations.)