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CV Cash Deposits Required for Solar Cells from China

Thursday, June 05, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Administration announced June 3 its affirmative preliminary countervailing duty determination on certain crystalline silicon photovoltaic products from China. As a result, the ITA will instruct U.S. Customs and Border Protection to require CV cash deposits on entries of subject merchandise at the preliminary subsidy rates, which range from 18.56% to 35.21%.

The merchandise covered by this investigation is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. For purposes of this investigation, subject merchandise also includes modules, laminates and/or panels assembled in China consisting of crystalline silicon photovoltaic cells that are completed or partially manufactured within a customs territory other than China, using ingots that are manufactured in China, wafers that are manufactured in China, or cells where the manufacturing process begins in China and is completed elsewhere. Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including cleaning, etching, coating and/or addition of materials (including metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Covered merchandise is currently classified in HTSUS subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000.

The ITA is scheduled to announce its final CV duty determination in this investigation on or about Aug. 18. If that determination is affirmative, and the International Trade Commission’s final CV injury determination is affirmative, the ITA will issue a CV duty order. The ITC is scheduled to make its final determination approximately 45 days after the ITA issues its final determination, if affirmative.

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