• Effective Date: Sep 03, 2021
  • Period of Review: Feb 01, 2019 to Jan 31, 2020
  • Notice of Lifting of Suspension Date: Sep 03, 2021
  • Cite as: 86 FR 49509 • Cite date: Sep 03, 2021
1. This is a correction to message 1285409, dated 10/12/2021, to correct the header and paragraphs 1 and 3. 2a. Paragraph 1 of message 1285409 omitted reference to third-country case numbers applicable to EEPV CORP.; Motech Industries, Inc.; and TSEC Corporation. It also incorrectly listed third-country case numbers that were not active during the period of review.. 2b. Paragraph 3 of message 1285413 contained a typographical error in the court citation pertaining to an injunction that was in place and an incorrect message date of the injunction. Below is the fully corrected message. 3. For all shipments of certain crystalline silicon photovoltaic products from Taiwan produced and/or exported by the firms listed below and entered, or withdrawn from warehouse, for consumption during the period 02/01/2019 through 01/31/2020, assess an antidumping liability of 7.89 percent of the entered value identified below. Producer and/or Exporter: Motech Industries, Inc. Case Number: A-583-853-002, A-533-993-002, A-475-993-004 Final Rate: 7.89 % Producer and/or Exporter: EEPV CORP. Case Number: A-583-853-005, A-533-993-001 Final Rate: 7.89 % Producer and/or Exporter: Kyocera Mexicana S.A. de C.V. Case Number: A-583-853-009 Final Rate: 7.89 % Producer and/or Exporter: TSEC Corporation Case Number: A-583-853-011, A-552-993-007, A-475-993-001 Final Rate: 7.89 % Producer and/or Exporter: Win Win Precision Technology Co., Ltd. Case Number: A-583-853-012 Final Rate: 7.89 % Producer and/or Exporter: Sunrise Global Solar Energy Case Number: A-583-853-020 Final Rate: 7.89 % Producer and/or Exporter: Boviet Solar Technology Co., Ltd. Case Number: A-583-853-024 Final Rate: 7.89 % Producer and/or Exporter: Baoding Jiasheng Photovoltaic Technology Co. Ltd. Case Number: A-583-853-026 Final Rate: 7.89 % Producer and/or Exporter: Baoding Tianwei Yingli New Energy Resources Co., Ltd. Case Number: A-583-853-027 Final Rate: 7.89 % Producer and/or Exporter: Beijing Tianneng Yingli New Energy Resources Co., Ltd. Case Number: A-583-853-028 Final Rate: 7.89 % Producer and/or Exporter: Hainan Yingli New Energy Resources Co., Ltd. Case Number: A-583-853-029 Final Rate: 7.89 % Producer and/or Exporter: Hengshui Yingli New Energy Resources Co., Ltd. Case Number: A-583-853-030 Final Rate: 7.89 % Producer and/or Exporter: Lixian Yingli New Energy Resources Co., Ltd. Case Number: A-583-853-033 Final Rate: 7.89 % Producer and/or Exporter: Shenzhen Yingli New Energy Resources Co., Ltd. Case Number: A-583-853-037 Final Rate: 7.89 % Producer and/or Exporter: Tianjin Yingli New Energy Resources Co., Ltd. Case Number: A-583-853-038 Final Rate: 7.89 % Producer and/or Exporter: Yingli Energy (China) Co., Ltd. Case Number: A-583-853-039 Final Rate: 7.89 % Producer and/or Exporter: Yingli Green Energy International Trading Company Limited Case Number: A-583-853-040 Final Rate: 7.89 % Certain firms did not have their own case number during the period of review; entries may have been made under A-583-853-000, or any of the company-specific ten-digit case numbers associated with the following third-country case numbers: A-423-990 (Belgium); A-122-993 (Canada); A-427-993 (France); A-533-993 (India); A-475-993 (Italy); A-588-993 (Japan); A-580-993 (Republic of Korea); A-557-991 (Malaysia); A-201-993 (Mexico); A-565-990 (Philippines); A-455-993 (Poland); A-559-990 (Singapore); A-791-993 (South Africa); A-441-990 (Switzerland); A-549-993 (Thailand); A-412-993 (United Kingdom); and A-552-993 (Vietnam). 4. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by this message occurred with the publication of the final results of administrative review (86 FR 49509, 09/03/2021). Unless instructed otherwise, for all other shipments of certain crystalline silicon photovoltaic products from Taiwan you shall continue to collect cash deposits of estimated antidumping duties at the current rates. 5. The injunction with court number 21-00514 discussed in message number 1271403, dated 09/28/2021, is applicable to entries of subject merchandise (1) that were produced and/or exported by Inventec Solar Energy Corporation or E-TON Solar Tech Co., Ltd. and imported by JA Solar USA Inc.; (2) that were the subject of the United States Department of Commerce's final determination in Certain Crystalline Silicon Photovoltaic Products From Taiwan: Final Results of Antidumping Duty Administrative Review; Partial Rescission of Antidumping Duty Administrative Review; Final Determination of No Shipments; 2019-2020, 86 Fed. Reg. 49,509 (Dep't Commerce Sept. 3, 2021); and (3) that were entered, or withdrawn from warehouse, for consumption, during the period February 1, 2019 through January 31, 2020. Accordingly, continue to suspend liquidation of such entries until liquidation instructions are issued. 6. The assessment of antidumping 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 antidumping duties. The interest provisions are not applicable to cash posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping 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. 7. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement. 8. 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. 9. 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:ZS.) 10. There are no restrictions on the release of this information. Alexander Amdur