AD/CVD message 8100311 - Correction of msg. 5215301

8100311
Apr 10, 2018
Active

Effective Date: Jul 14, 2015

Period of Review: Mar 26, 2012 to Dec 31, 2012

Cite as: 80 FR 41003 • Cite date: Jul 14, 2015

Category: Countervailing • Type: Final Results of Administrative Review • Sub type: COR-Correction • Reference messages: 2346303 5215301 • Cases: C-570-980

1. This is an overall correction to message 5215301, dated 08/03/2015.

2. Commerce published in the Federal Register (80 FR 41003) on 07/14/2015 the final results of administrative review of certain producers and/or exporters subject to the countervailing duty order on crystalline silicon photovoltaic cells, whether or not assembled into modules, from China for the period 03/26/2012 through 12/31/2012. Subsequent to completion of that review, Commerce incorrectly issued instructions revising the “all others” cash deposit rates for subject merchandise from China and third countries containing cells produced in China.

3. As discussed in paragraph 2 of Message No. 2346303, dated 12/11/2012, Commerce considers modules, laminates, and panels produced in a third-country from cells produced in China to be covered by the scope of this order. However, modules, laminates, and panels produced in China from cells produced in a third-country are not covered by the scope of the order. Since importers may import modules, laminates, and panels produced in a third country from subject solar cells produced in China and this merchandise may have a non-Chinese country of origin for Customs' purposes, third country case numbers have been established to allow such merchandise to be properly claimed as subject merchandise upon entry.

5. As a result of Commerce's review, the cash deposit rates were revised for certain producers and/or exporters. However, the rates were not revised for the “all others” Chinese and third-country companies. Accordingly, message 5215301, dated 08/03/2015, incorrectly directed a change in the cash deposit rate for those companies.

6. This message is to correct the cash deposit rate for these companies retroactively to the date of the incorrect cash deposit change. Therefore, for shipments of crystalline silicon photovoltaic cells, whether or not assembled into modules, from the third country exporters and/or producers identified below, entered, or withdrawn from warehouse, for consumption on or after 07/14/2015, the required cash deposit should be revised as identified below:

Producer and/or Exporter: All Other Companies
Country: Argentina
Case number: C-357-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Australia
Case Number: C-602-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Austria
Case Number: C-433-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Belgium
Case Number: C-423-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Canada
Case Number: C-122-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Croatia
Case Number: C-479-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Czech Republic
Case Number: C-435-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Denmark
Case Number: C-409-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: France
Case Number: C-427-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Germany
Case Number: C-428-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Hong Kong
Case Number: C-582-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Hungary
Case Number: C-437-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: India
Case Number: C-533-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Israel
Case Number: C-508-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Italy
Case Number: C-475-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Japan
Case Number: C-588-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Korea
Case Number: C-580-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Malaysia
Case Number: C-557-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Mexico
Case Number: C-201-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Netherlands
Case Number: C-421-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: New Zealand
Case Number: C-614-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Norway
Case Number: C-403-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Philippines
Case Number: C-565-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Poland
Case Number: C-455-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Portugal
Case Number: C-471-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Russia
Case Number: C-462-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Singapore
Case Number: C-559-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Spain
Case Number: C-470-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Sweden
Case Number: C-401-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Switzerland
Case Number: C-441-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Taiwan
Case Number: C-583-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Thailand
Case Number: C-549-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Turkey
Case Number: C-489-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: United Kingdom
Case Number: C-412-989-000
Cash deposit rate: 15.24 percent

Producer and/or Exporter: All Other Companies
Country: Vietnam
Case Number: C-552-989-000
Cash deposit rate: 15.24 percent

7. These cash deposit requirements shall remain in effect until further notice. Do not liquidate any entries of merchandise included in this administrative review until assessment instructions are issued.

8. 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:GC).

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

Alexander Amdur