• Effective Date: Aug 08, 2019
  • Period of Review: Jul 31, 2014 to Jan 31, 2016
  • Notice of Lifting of Suspension Date: Aug 08, 2019

1. This is a correction to message 9253303, dated 09/10/2019 (message 9253303 was a correction to message 9220304, dated 08/08/2019), to correct paragraph 4 of that message, liquidating entries of certain crystalline photovoltaic products from Taiwan (subject merchandise) produced and/or exported by various companies for the 07/31/2014 through 01/26/2015 provisional measures cap period, and the 02/10/2015 through 01/31/2016 definitive measures period.

2. Paragraph 4 of message 9253303 referenced paragraphs 4a and 4b. No such paragraphs exist in message 9253303. As a result, liquidation instructions for the provisional measuers cap period were unclear. Additionally, paragraph 6 of message 9253303 incorrectly stated the definitive measures period ended on 01/21/2016. The definitive measures period ended on 1/31/2016. Below is the fully corrected message.

3. On 05/22/2019, the U.S. Court of International Trade issued a final decision in the case of SolarWorld Americas Inc. v. United States (court no. 17-00208). As a result of this decision, the injunction to which message 7250301, dated 09/07/2017, refers enjoining liquidation of entries which are subject to the antidumping duty order on subject merchandise for the period 07/31/2014 through 01/31/2016 produced and/or exported by the firms listed below, dissolved on 07/21/2019. Accordingly, CBP is now directed to liquidate the relevant entries as identified below.

4. Liquidation: Below are liquidation instructions for the companies covered by this administrative review.

4a. Liquidation of entries made during the provisional measures cap period:

The assessment of antidumping duties on entries made during the provisional measures period in the investigation cannot exceed the amount of cash deposit in effect at the time of entry. Accordingly, if a cash deposit was collected as security for an estimated antidumping duty for any shipment of subject merchandise that was entered, or withdrawn from warehouse, for consumption during the period 07/31/2014 (first date of suspension of liquidation) through 01/26/2015 (the last day provisional measures were in effect), assess andtiumping duties equal to the lesser of: (a) the amount resulting from the application of the liquidation rates listed in paragraph 4c, or (b) the amount of the cash deposit.

4b. Liquidation of entries made during the gap period:

Entries for the period 01/27/2015 (the first day provisional measures were no longer in effect) through 02/09/2015 (the day prior to the ITC final determination), should be liquidated via message 5056301, dated 02/25/2015.

4c. Liquidation of entries made during the definitive measures period:

For all shipments of subject merchandise produced and/or exported by the firms listed below and entered, or withdrawn from warehouse, for consumption during the period 02/10/2015 through 01/31/2016, assess an antidumping liability equal to the percent of the entered value identified below.

Producer and/or Exporter: Gintech Energy Corporation
Case number: A-583-853-001
Final Rate: 3.78%

Producer and/or Exporter: AU Optronics Corporation
Case number: No case number was in place for this company during the period of review. Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: EEPV CORP
Case number: No case number was in place for this company during the period of review. Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: E-TON Solar Tech. Co., Ltd
Case number: No case number was in place for this company during the period of review.
Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: Inventec Energy Corporation
Case number: No case number was in place for this company during the period of review.
Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: Inventec Solar Energy Corporation
Case number: No case number was in place for this company during the period of review.
Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: Kyocera Mexicana S.A. de C.V
Case number: No case number was in place for this company during the period of review.
Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: Sunengine Corporation Ltd
Case number: No case number was in place for this company during the period of review.
Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: TSEC Corporation
Case number: No case number was in place for this company during the period of review. Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

Producer and/or Exporter: Win Win Precision Technology Co., Ltd.
Case number: No case number was in place for this company during the period of review. Entries may have been made under A-583-853-000 or other company-specific numbers.
Final Rate: 3.78%

5. Message 9220304, dated 08/08/2019, constitutes notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 4a and 4c. Accordingly, notice of the lifting of suspension occurred on 08/08/2019, the date of that message. Unless instructed otherwise, for all other shipments of subject merchandise you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

6. There are no injunctions applicable to the entries covered by this instruction.

7. 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 or bonds 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.

8. 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.

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:TEM)

10. There are no restrictions on the release of this information.

Alexander Amdur