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On December 2, 2022, the Division of Commerce (“Commerce”) introduced its preliminary circumvention willpower with respect to sure photo voltaic cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam. Commerce discovered that imports of photo voltaic cells from all 4 nations circumvented the antidumping (“AD”) and countervailing (“CVD”) orders on photo voltaic cells and modules from the Folks’s Republic of China (China). Commerce performed an eight-month investigation following allegations by the home photo voltaic trade claiming that photo voltaic cell producers, which manufacture photo voltaic cells and modules in China, have been sending the fabricated cells and modules to one of many 4 named nations to bear solely minor processing previous to export to the U.S. in an try to evade AD/CVD orders. U.S. imports of photo voltaic cells and modules from China have been topic to AD/CVD orders since 2012. See 77 Fed. Reg. 73017-73018 (Dec. 7, 2012).
Commerce individually examined eight exporters, nevertheless, the preliminary willpower applies on a country-wide foundation to all photo voltaic cells and modules produced in and exported from Cambodia, Malaysia, Thailand, and Vietnam to the U.S., apart from the 4 firms that Commerce decided weren’t circumventing the Chinese language order. Commerce additionally has allowed feedback on the instituting of a certification course of that exporters can undergo exhibit and certify that they aren’t circumventing the AD/CVD orders and keep away from paying the AD/CVD imposed by this willpower. The 4 firms particularly exempted from the preliminary willpower are New East Photo voltaic in Cambodia, Hanwha Q Cells and Jinko Photo voltaic in Malaysia, and Boviet Photo voltaic Know-how in Vietnam, supplied their manufacturing course of and provide chain stay unchanged.
We anticipate that the certification necessities will go into impact in direction of the tip of the primary week of December, such that any imports beginning with the date of publication of the preliminary anticircumvention willpower would require a certification to be introduced on the time of entry. Ought to an exporter want to proceed to export from one among these nations, the certification necessities can be stringent and exporters ought to work with their importers on these points. Photo voltaic cells and modules wouldn’t be topic to AD/CVD duties if an exporter can certify that the enter cells will not be comprised of Chinese language wafers, or if the modules are both not comprised of Chinese language wafers or not utilizing sure different Chinese language parts. Nevertheless, regardless of the final availability of importer/exporter certifications permitted to exempt entries from AD/CVD, Commerce preliminarily discovered twenty-two (22) particular person firms in Malaysia, Thailand, and Vietnam are ineligible for certification as a consequence of their failure to cooperate with the inquiry. Any firms wishing to have their certification ineligibility re-evaluated could request an administrative assessment “through the subsequent anniversary month of those Orders (i.e., December 2022 for the Photo voltaic Cells AD Order and December 2023 for the Photo voltaic Cells CVD Order).”
As this can be a preliminary willpower, Commerce will subsequent conduct in-person verifications over the following months to confirm the data in its preliminary findings. As well as, all events will be capable to touch upon Commerce’s discovering earlier than Commerce points its ultimate willpower on Might 1, 2023.
We anticipate that many importers and shoppers of photo voltaic panels now might want to assess their dangers whereas signing contracts, with CVD and antidumping duties doubtlessly being utilized to exporters which will have an effect on initiatives being deliberate for 2024 and past.
However Commerce’s ultimate willpower, the Presidential Proclamation issued on June 6, 2022, gives that Customs and Border Safety (CBP) won’t acquire duties on any photo voltaic module and cell imports from these 4 nations till June 2024, except events can’t certify that the imports won’t be consumed within the U.S. market inside six months of the entry date. Home photo voltaic importers ought to make the most of this time to make any needed provide chain changes and to make sure they aren’t sourcing from firms discovered to be circumventing these duties.
Commerce’s full preliminary willpower might be discovered right here.
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