China Solar Products: Details of CV Duty Order, Amended Rates
The Commerce Department issued a countervailing duty order on crystalline silicon photovoltaic products from China (C-570-011) (here). Commerce amended rates for some Chinese companies after realizing it made an error in its final determination. The order details a "gap period" of no CV duty liability of Oct. 8 - Feb. 9.
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With the issuance of this order, CV duties on solar products from China become permanent, and can only be ended under certain conditions, like a sunset review or a changed circumstances review. Commerce will now begin conducting annual administrative reviews on exporters, if requested, to determine final assessments of CV duties and make changes to CV duty cash deposit rates.
Gap Period of No CV Suspension of Liq or CV Duties for Oct. 8 - Feb. 9
For this investigation, the four-month provisional measures period for which the CV suspension of liquidation may remain in effect before the order is issued began on June 10 (the publication date of the preliminary determination) and ended Oct. 8, the date Commerce instructed CBP to terminate suspension of liquidation.
Because the International Trade Commission's final affirmative injury determination wasn't published until Feb. 10, Commerce said all entries of subject merchandise between Oct. 8 and Feb. 9 (the gap period) are not liable for CV duty assessment.
(For entries from June 10 through Oct. 7, suspension of liquidation and CV duty liability remains in effect.)
CV Suspension of Liq Instructions
Suspension of liquidation resumes for all entries of subject merchandise from China with a time of entry on or after Feb. 10, the publication date of the final ITC affirmative injury determination.
CV Cash Deposit Instructions
Commerce will instruct CBP to require, at the same time as importers deposit estimated duties, a cash deposit equal to the CV duty rates listed below:
| Company | CV Rate |
|---|---|
| Wuxi Suntech Power Co., Ltd. | 27.64% (unchanged) |
| Changzhou Trina Solar Energy Co., Ltd. | 49.21 (from 49.79%) |
| All Others | 38.43% (from 38.72%) |
ITC final injury determination (Federal Register 02/10/15) is available (here).
(See notice for additional details, including the full scope description, etc. See 1501220012">1501220012 for summary of ITC vote on injury, and 1412220016 for summary of Commerce's final determination.)
(Federal Register 02/18/15)