- Effective Date: May 21, 2024
- Period of Review: Jan 01, 2021 to Dec 31, 2021
- Notice of Lifting of Suspension Date: Jun 28, 2024
Notice of the lifting of suspension occurred on the message date of these instructions.
See paragraph 3 below.
1. On 03/21/2024, the U.S. Court of International Trade issued a final decision in the case of Trina Solar (Changzhou) Science and Technology Co., Ltd. et al. v. United States (court no. 23-00219).
As a result of the court's decision, the injunction to which message 3311402 dated 11/07/2023 refers enjoined entries that are subject to the countervailing duty order on solar products from China (C-570-011) for the period 01/01/2021 through 12/31/2021 produced and exported by the firms listed in paragraph 2 dissolved on 05/21/2024.
2.
For all shipments of solar products from China produced and/or exported by the firms listed below, and entered, or withdrawn from warehouse, for consumption during the period 01/01/2021 through 12/31/2021, assess a countervailing subsidy rate equal to the percentage of the entered value listed below.
Entries may have been made under C-570-011-000 or other company-specific numbers.
Producer and/or Exporter:
Trina Solar (Changzhou) Science & Technology Co., Ltd. or either of its cross-owned companies:
Yancheng Trina Solar Guoneng Science & Technology Co., Ltd., Trina Solar (Su Qian) Technology Co., Ltd., Trina Solar Yiwu Technology Co., Ltd., Trina Solar Co., Ltd., Trina Solar (Yancheng Dafeng) Co., Ltd., Trina Solar Science & Technology (Yancheng) Co., Ltd., Trina Solar (Suqian) Optoelectronics Co., Ltd., Trina Solar (Changzhou) Optoelectronic Device Co., Ltd., Changzhou Trina Solar Yabang Energy Co., Ltd., Hubei Trina Solar Energy Co., Ltd., Turpan Trina Solar Energy Co., Ltd., Trina Solar (Hefei) Science and Technology Co., Ltd., Changzhou Hesai PV Ribbon Materials Co., Ltd., Changzhou Hewei New Material Technology Co., Ltd., Changzhou Trina Hezhong PV Co., Ltd., Changzhou Trina PV Ribbon Materials Co., Ltd.
Case Number:
C-570-011-002
Final rate:
9.02%
3.
These instructions constitute notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 2.
Accordingly, notice of the lifting of suspension occurred on the message date of these instructions.
Unless instructed otherwise, for all other shipments of solar products from China you shall continue to collect cash deposits of estimated countervailing duties for the merchandise at the current rates.
4.
There are no injunctions applicable to the entries covered by this instruction.
5.
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.
6.
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.
7.
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:GHC.)
8.
There are no restrictions on the release of this information.
Alexander Amdur