• Effective Date: Jan 01, 2020
  • Notice of Lifting of Suspension Date: Dec 17, 2021
  • Cite as: 86 FR 71615 • Cite date: Dec 17, 2021
1. As a result of notification from the petitioner, SunPower Manufacturing Oregon, LLC, that it is no longer interested in certain off-grid small portable crystalline silicon photovoltaic panels that are subject to the countervailing duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China, Commerce has revoked the countervailing duty order, in part, with respect to certain off-grid small portable crystalline silicon photovoltaic panels and published the revocation in the Federal Register on 12/17/2021 (86 FR 71615). 2a. Therefore, CBP is directed to terminate the suspension of liquidation and liquidate all unliquidated entries of certain off-grid small portable crystalline silicon photovoltaic panels entered, or withdrawn from warehouse, for consumption on or after 01/01/2020. 2b. A summons was filed at the U.S. Court of International Trade (Court) to contest the final results of the underlying changed circumstances review. Accordingly, unless instructed otherwise, all entries of the revoked product that were suspended on or after 01/01/2020 should not be liquidated without regard to countervailing duties, nor should cash deposits be refunded on such entries, until 95 days after the notice of lifting of suspension identified in this message. This is to ensure that the entries are not liquidated prior to the expiration of the time period that parties have to file a request for a statutory injunction. Instructions will be issued by Commerce if the Court issues a statutory injunction. 3. Notice of the lifting of suspension of liquidation of entries of subject merchandise which are covered by paragraph 2 and entered, or withdrawn from warehouse, for consumption on or after 01/01/2020 occurred with the publication of the notice of revocation in the Federal Register (86 FR 71615, 12/17/2021). 4. The assessment of countervailing duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated countervailing duties. The interest provisions are not applicable to cash posted as estimated countervailing duties before the date of publication of the countervailing duty order. Interest shall be calculated from the date payment of estimated countervailing duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period. 5. This instruction to liquidate entries covered by this message does not limit CBP's independent authority, including its authority to suspend, continue to suspend, or extend liquidation of entries addressed by this message. Accordingly, CBP should examine all entries for which this message directs liquidation to determine whether any such entries are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's independent authority (e.g., Enforce and Protect Act under section 517 of the Tariff Act of 1930, as amended). If entries of subject merchandise covered by this message are subject to suspension, continued suspension, or extension of liquidation pursuant to CBP's own authority, CBP port officials should follow CBP's internal procedures with respect to continuing any suspension, the lifting of suspension, and/or continuing any extension of liquidation for such entries. 6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIV:TH.) 7. There are no restrictions on the release of this information. Alexander Amdur