Certifications for Southeast Asian Solar Cells Due Jan. 23 to Avoid AD/CVD

Certifications must be completed and signed by Jan. 23 for entries since April 1, 2022, to avoid antidumping and countervailing duties on solar cells and modules from Cambodia, Malaysia, Thailand and Vietnam recently announced by the Commerce Department in a preliminary anti-circumvention determination (see 2212020064), according to a notice set for publication in the Dec. 8 Federal Register.

For such entries, by Jan. 23, importers must have completed or signed one of three types of certifications stating they qualify for a grace period in place until June 2024 (see 2209160065); are exempt because their entries are from an exempt exporter; or are exempt because they aren’t made from Chinese wafers or have only minor Chinese content. Exporters must have also sent their completed and signed certifications to the importer by that date.

“Importers, and exporters each have the option to complete a blanket certification covering multiple entries, individual certifications for each entry, or a combination thereof,” Commerce said in the notice.

Going forward, for entries on or after the Dec. 8 date Commerce’s preliminary determination is published, importer certifications “must be completed, signed, and dated by the time the entry summary is filed for the relevant entry,” Commerce said. “The importer, or the importer's agent, must submit both the importer's certification and the exporter's certification to CBP as part of the entry process by uploading them into the document imaging system (DIS) in ACE.”

“Where the importer uses a broker to facilitate the entry process, it should obtain the entry summary number from the broker. Agents of the importer, such as brokers, however, are not permitted to certify on behalf of the importer,” Commerce said.

Merchandise from 22 companies is ineligible for certification processes for exempt exporters and cells and modules made without Chinese wafers or have only minor Chinese content, though they may still file the certification required to qualify for the grace period: AMC Cincaria Sdn Bhd, Flextronic Shah Alam Sdn. Bhd., Funing Precision Component Co., Ltd., Samsung Sds Malaysia Sdn. Bhd. and Vina Solar Technology Co., Ltd. in Malaysia, Celestica (Thailand) Limited, Green Solar Thailand Co., Ltd., Lightup Creation CO., Ltd., Thai Master Frame Co., Ltd., Three Arrows (Thailand) Co., Ltd., Yuan Feng New Energy, Solar PPM and Sunshine Electrical Energy Co., Ltd. in Thailand; and Cong Ty Co Phan Cong Nghe Nang (Global Energy), GCL System Integration Technology, Green Wing Solar Technology Co., Ltd., HT Solar Vietnam Limited Company, Irex Energy Joint Stock Company, S-Solar Viet Nam Company Limited, Venergy Solar Industry Company, Vietnam Sunergy Joint Stock Company and Red Sun Energy Co., Ltd. in Vietnam.

“If it is determined that an importer and/or exporter has not met the certification and/or related documentation requirements for certain entries, Commerce intends to instruct CBP to suspend, pursuant to these preliminary country-wide affirmative determinations of circumvention and the Orders, all unliquidated entries for which these requirements were not met and require the importer to post applicable AD and CVD cash deposits equal to the rates noted” in Commerce’s notice, the agency said.