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1. On 12/12/2018, Commerce added a company-specific case number in ACE for crystalline silicon photovoltaic cells, whether or not assembled into modules, from the People's Republic of China (China) (C-570-980) assembled Austria (C-433-989).

2. The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials.

This order covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell.

Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of this order.

Excluded from the scope of this order are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).

Also excluded from the scope of this order are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.

Additionally, excluded from the scope of this order are panels with surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no panel shall contain an internal battery or external computer peripheral ports.

Modules, laminates, and panels produced in a third-country from cells produced in China are covered by this order; however, modules, laminates, and panels produced in China from cells produced in a third-country are not covered by this order.

Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6015, 8541.40.6020, 8541.40.6025, 8541.40.6030, 8541.40.6035, 8541.40.6045, and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive.

3. As discussed in paragraph 2 above, Commerce considers modules, laminates, and panels produced in a third-country from cells produced in China to be covered by this order. However, modules, laminates, and panels produced in China from cells produced in a third-country are not covered by this order (see messages 2346303, dated 12/11/2012, and 2163303, dated 06/11/2012). Since importers may import modules, laminates, and panels produced in a third-country from subject solar cells produced in China, third-country case numbers have been established to allow such merchandise to be properly claimed as subject merchandise upon entry.

4. The following is a third-country company-specific case number corresponding to a specific Chinese producer and/or exporter of Chinese solar cells, that we established for merchandise from Austria that is covered by the scope of this order. This company-specific case number has been assigned for countervailing duty customs purposes.

Third Country: Austria
Chinese Producer and/or Exporter: Hengdian Group DMEGC Magnetics Co., Ltd.
Case Number: C-433-989-001

5. 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).

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

Alexander Amdur