AD/CVD message 2112401 - RE: Informational notice pertaining to the deactivation of third-country case numbers for crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (A-570-979) (C-570-980)

2112401
Apr 22, 2022
Active

Category: None • Type: Information Notice • Cases: A570979 C570980

RE: Informational notice pertaining to the deactivation of third-country case numbers for crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (A-570-979) (C-570-980) This is an informational message. No action is required. 1. This message serves as notification that Commerce deactivated third-country case numbers associated with the antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China. Recently, CBP issued a country-of-origin ruling in which CBP determined that the country of origin of a crystalline silicon photovoltaic cell is the country in which the p/n junction in the cell was formed, regardless of whether the cell was further processed and subsequently assembled in a third country into modules, laminates, panels and/or building-integrated materials. Because the country-of-origin rule for CBP's purposes now aligns with the country-of-origin rule that Commerce applies in these proceedings, Commerce no longer requires entries of subject merchandise from third countries to be reported under the AD/CVD third-country case numbers for these proceedings. Subject merchandise should instead be reported under the applicable antidumping and countervailing duty case numbers for these proceedings. Accordingly, Commerce has deactivated the following third-country case numbers: A-357-988 ARGENTINA A-602-988 AUSTRALIA A-433-988 AUSTRIA A-423-988 BELGIUM A-122-988 CANADA A-479-988 CROATIA A-435-988 CZECH REPUBLIC A-409-988 DENMARK A-427-988 FRANCE A-428-988 GERMANY, FED. REPUBLIC A-582-988 HONG KONG A-437-988 HUNGARY A-533-988 INDIA A-508-988 ISRAEL A-475-988 ITALY A-588-988 JAPAN A-451-988 LITHUANIA A-557-988 MALAYSIA A-201-988 MEXICO A-421-988 NETHERLANDS A-614-988 NEW ZEALAND A-403-988 NORWAY A-565-988 PHILIPPINES A-455-988 POLAND A-471-988 PORTUGAL A-462-988 RUSSIA A-559-988 SINGAPORE A-580-988 KOREA, REPUBLIC OF A-470-988 SPAIN A-401-988 SWEDEN A-441-988 SWITZERLAND A-583-988 CHINA (TAIWAN) A-549-988 THAILAND A-489-988 TURKEY A-412-988 UNITED KINGDOM A-355-900 URUGUAY A-552-988 VIETNAM A-555-902 CAMBODIA C-357-989 ARGENTINA C-602-989 AUSTRALIA C-433-989 AUSTRIA C-423-989 BELGIUM C-122-989 CANADA C-479-989 CROATIA C-435-989 CZECH REPUBLIC C-409-989 DENMARK C-427-989 FRANCE C-428-989 GERMANY, FED. REPUBLIC C-582-989 HONG KONG C-437-989 HUNGARY C-533-989 INDIA C-508-989 ISRAEL C-475-989 ITALY C-588-989 JAPAN C-451-989 LITHUANIA C-557-989 MALAYSIA C-201-989 MEXICO C-421-989 NETHERLANDS C-614-989 NEW ZEALAND C-403-989 NORWAY C-565-989 PHILIPPINES C-455-989 POLAND C-471-989 PORTUGAL C-462-989 RUSSIA C-559-989 SINGAPORE C-580-989 KOREA, REPUBLIC OF C-470-989 SPAIN C-401-989 SWEDEN C-441-989 SWITZERLAND C-583-989 CHINA (TAIWAN) C-549-989 THAILAND C-489-989 TURKEY C-412-989 UNITED KINGDOM C-355-901 URUGUAY C-552-989 VIETNAM C-555-903 CAMBODIA 2. The merchandise covered by these orders is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. These orders cover 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, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of these orders. Excluded from the scope of these orders are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of these orders are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Additionally, excluded from the scope of these orders are panels with surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no panel shall contain an internal battery or external computer peripheral ports. Also excluded from the scope of these orders are: 1. Off grid CSPV panels in rigid form with a glass cover, with the following characteristics: (A) a total power output of 100 watts or less per panel; (B) a maximum surface area of 8,000 cm2 per panel; (C) do not include a built-in inverter; (D) must include a permanently connected wire that terminates in either an 8mm male barrel connector, or a two-port rectangular connector with two pins in square housings of different colors; (E) must include visible parallel grid collector metallic wire lines every 1-4 millimeters across each solar cell; and (F) must be in individual retail packaging (for purposes of this provision, retail packaging typically includes graphics, the product name, its description and/or features, and foam for transport); and 2. Off grid CSPV panels without a glass cover, with the following characteristics: (A) a total power output of 100 watts or less per panel; (B) a maximum surface area of 8,000 cm2 per panel; (C) do not include a built-in inverter; (D) must include visible parallel grid collector metallic wire lines every 1-4 millimeters across each solar cell; and (E) each panel is 1. permanently integrated into a consumer good; 2. encased in a laminated material without stitching, or 3. has all of the following characteristics: (i) the panel is encased in sewn fabric with visible stitching, (ii) includes a mesh zippered storage pocket, and (iii) includes a permanently attached wire that terminates in a female USB-A connector. In addition, the following CSPV panels are excluded from the scope of these orders: Off-grid CSPV panels in rigid form with a glass cover, with each of the following physical characteristics, whether or not assembled into a fully completed off-grid hydropanel whose function is conversion of water vapor into liquid water: (A) A total power output of no more than 80 watts per panel; (B) A surface area of less than 5,000 square centimeters (cm2) per panel; (C) Do not include a built-in inverter; (D) Do not have a frame around the edges of the panel; (E) Include a clear glass back panel; and (F) Must include a permanently connected wire that terminates in a two-port rectangular connector. Modules, laminates, and panels produced in a third-country from cells produced in China are covered by these orders; however, modules, laminates, and panels produced in China from cells produced in a third-country are not covered by these orders. Merchandise covered by these orders is currently classified in the Harmonized Tariff System of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of these orders is dispositive. 3. Effective immediately, parties that wish to enter modules, laminates, panels, and/or building-integrated materials manufactured using subject crystalline silicon photovoltaic cells in which the p/n junction was formed in China must enter the merchandise using the applicable AD/CVD case numbers for China regardless of whether the subject crystalline silicon photovoltaic cells were further processed and assembled into modules, laminates, panels, and/or building-integrated materials in a third country. If CBP continues to request that a party use a third-country case number, the party should 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. 4. 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 OVII:RC). 5. There are no restrictions on the release of this information. Alexander Amdur