The Department of Commerce determined Aug. 23, 2023, that imports of certain crystalline silicon photovoltaic cells whether or not assembled into modules that have been completed in Cambodia, Malaysia, Thailand, or Vietnam using parts and components produced in China, which are subsequently exported from Cambodia, Malaysia, Thailand, or Vietnam to the U.S., are circumventing the antidumping and countervailing duty orders on solar cells and modules from China. However, pursuant to a presidential proclamation the application of AD/CV measures on such merchandise will be suspended until June 6, 2024.

U.S. Customs and Border Protection is reminding importers that the DOC’s determination provided, among other things, that applicable entries of subject merchandise from Cambodia, Malaysia, Thailand, and Vietnam entering after Nov. 15, 2022, and before the date of termination (i.e., June 6, 2024) must be utilized (used or installed) in the U.S. by the utilization expiration date (i.e., no later than 180 days from June 6, 2024). Entries that are not utilized by that date will be subject to the applicable AD/CV duties.

CBP notes that importers should be prepared to document, upon request, whether any applicable entries entering during the specified period were used or installed in the U.S. by the utilization expiration date. If subject imports are entered without the payment of the AD/CV cash deposit and do not meet the utilization requirements, importers should file a post-summary correction with the AD/CV cash deposit.  For entries beyond the PSC timeline, importers may file a prior disclosure.

CBP is also reminding importers that they are required to file on a timely basis in the Document Imaging System the certifications required by the DOC’s final determination.

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