• Effective Date: Feb 17, 2025
  • Period of Review: Jan 01, 2020 to Dec 31, 2020
  • Notice of Lifting of Suspension Date: Mar 17, 2025
  • Cite as: 89 FR 106429 • Cite date: Dec 30, 2024
Notice of the lifting of suspension occurred on the message date of these instructions. See paragraph 3 below. 1. On 12/18/2024, the U.S. Court of International Trade issued a final decision in the case of Risen Energy, Co., Ltd., v. United States (court no. 23-00153). The injunction to which message 3275403 dated 10/02/2023 refers, enjoined entries which are produced and/or exported by Risen Energy Co., Ltd. and were the subject of the United States Department of Commerce's final determination in Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2020, 88 FR 44108 (July 11, 2023), amended by Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Notice of Correction to the Final Results, and Amended Final Results of Countervailing Duty Administrative Review; 2020, 88 FR 56003 (August 17, 2023), that were entered, or withdrawn from warehouse, for consumption, during the period January 1, 2020 through December 31, 2020. As a result of the court's decision, the injunction to which message 3275403 refers, dissolved on 02/17/2025. 2. For all shipments of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China produced and/or exported by Risen Energy Co., Ltd. and were the subject of the United States Department of Commerce's final determination in Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results and Partial Rescission of Countervailing Duty Administrative Review; 2020, 88 FR 44108 (July 11, 2023), amended by Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Notice of Correction to the Final Results, and Amended Final Results of Countervailing Duty Administrative Review; 2020, 88 FR 56003 (August 17, 2023), that were entered, or withdrawn from warehouse, for consumption, during the period January 1, 2020 through December 31, 2020, assess a subsidy rate equal to the percentage of the entered value listed below: Producer and/or Exporter: Risen Energy Co., Ltd. Case number: C-570-980-094 Final rate: 13.49% 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 crystalline silicon photovoltaic cells, whether or not assembled into modules from the People's Republic of 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 a 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:LW.) 8. There are no restrictions on the release of this information. Alexander Amdur