[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53388-53392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14033]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Initiation and 
Preliminary Results of Changed Circumstances Review

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) is initiating and 
issuing preliminary results of changed circumstances reviews (CCR) of 
the antidumping duty (AD) and countervailing duty (CVD) orders on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells) from the People's Republic of China (China), with 
respect to Hanwha Q CELLS Malaysia Sdn. Bhd. Interested parties are 
invited to comment on these preliminary results.

DATES: Applicable June 26, 2024.

FOR FURTHER INFORMATION CONTACT: Peter Shaw, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0697.

SUPPLEMENTARY INFORMATION: 

Background

    On August 23, 2023, Commerce published in the Federal Register the 
final affirmative determination of circumvention with respect to 
Malaysia.\1\ On May 6, 2024, Hanwha Q CELLS Sdn. Bhd. and Hanwha Q 
Cells USA, Inc. (collectively, Hanwha) requested, through a CCR 
request, that Commerce amend the certification requirements for Hanwha, 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), 19 CFR 351.216(b), and 19 CFR 351.221(c)(3).\2\ Specifically, 
Hanwha requested a CCR to amend the Appendix V certification for 
Hanwha, provided in the Solar Cells Circumvention, to add additional 
wafer suppliers.\3\ No interested parties filed comments opposing the 
CCR request.
---------------------------------------------------------------------------

    \1\ See Antidumping and Countervailing Duty Orders on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Final Scope 
Determination and Final Affirmative Determinations of Circumvention 
with Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR 
57419 (August 23, 2023) (Solar Cells Circumvention), and 
accompanying Malaysia Issues and Decision Memorandum (Malaysia IDM).
    \2\ See Hanwha's Letter, ``Resubmission of Hanwha Q CELLS USA, 
Inc. and Hanwha Q CELLS Malaysia Sdn. Bhd.'s Request for Changed 
Circumstances Review,'' dated May 6, 2024 (Hanwha CCR Request).
    \3\ Id. at 2.
---------------------------------------------------------------------------

Scope of the Orders

    The merchandise covered by these Orders 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.\4\
---------------------------------------------------------------------------

    \4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012); see also 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules from the People's Republic of China: Amended Final 
Determination of Sales at Less Than Fair Value, and Antidumping Duty 
Order, 77 FR 73018 (December 7, 2012) (collectively, Orders). On 
March 20, 2024, based on a CCR, Commerce amended the Orders. See 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Final Results of 
Changed Circumstances Reviews, and Revocation of the Antidumping and 
Countervailing Duty Orders, in Part, 89 FR 19809 (March 20, 2024).
---------------------------------------------------------------------------

    These Orders cover 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 the Orders.
    Excluded from the scope of the Orders 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 the Orders are crystalline silicon 
photovoltaic cells, not exceeding 10,000 mm\2\ 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 the Orders are panels with 
surface area from 3,450 mm\2\ to 33,782 mm\2\ 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.
    Also excluded from the scope of the Orders are:
    1. Off grid CSPV panels in rigid form with a glass cover, with the 
following characteristics:
    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
either an 8mm male barrel connector, or a two-port rectangular 
connector with two pins in square housings of different colors;
    (E) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (F) must be in individual retail packaging (for purposes of this 
provision, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport); and
    2. Off grid CSPV panels without a glass cover, with the following 
characteristics:
    (A) a total power output of 100 watts or less per panel;

[[Page 53389]]

    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (E) each panel is
    1. permanently integrated into a consumer good;
    2. encased in a laminated material without stitching, or
    3. has all of the following characteristics: (i) the panel is 
encased in sewn fabric with visible stitching, (ii) includes a mesh 
zippered storage pocket, and (iii) includes a permanently attached wire 
that terminates in a female USB-A connector.
    In addition, the following CSPV panels are excluded from the scope 
of the Orders: Off-grid CSPV panels in rigid form with a glass cover, 
with each of the following physical characteristics, whether or not 
assembled into a fully completed off-grid hydropanel whose function is 
conversion of water vapor into liquid water:
    (A) A total power output of no more than 80 watts per panel;
    (B) A surface area of less than 5,000 cm\2\ per panel;
    (C) Do not include a built-in inverter;
    (D) Do not have a frame around the edges of the panel;
    (E) Include a clear glass back panel; and
    (F) Must include a permanently connected wire that terminates in a 
two-port rectangular connector.
    Additionally excluded from the scope of the Orders are off-grid 
small portable crystalline silicon photovoltaic panels, with or without 
a glass cover, with the following characteristics: (1) a total power 
output of 200 watts or less per panel; (2) a maximum surface area of 
16,000 cm\2\ per panel; (3) no built-in inverter; (4) an integrated 
handle or a handle attached to the package for ease of carry; (5) one 
or more integrated kickstands for easy installation or angle 
adjustment; and (6) a wire of not less than 3 meters either permanently 
connected or attached to the package that terminates in an 8mm diameter 
male barrel connector.
    Modules, laminates, and panels produced in a third country from 
cells produced in China are covered by the Orders; however, modules, 
laminates, and panels produced in China from cells produced in a third 
country are not covered by the Orders.
    Additionally excluded from the scope of this Order are off-grid 
small portable crystalline silicon photovoltaic panels, with or without 
a glass cover, with the following characteristics: (1) a total power 
output of 200 watts or less per panel; (2) a maximum surface area of 
16,000 cm\2\ per panel; (3) no built-in inverter; (4) an integrated 
handle or a handle attached to the package for ease of carry; (5) one 
or more integrated kickstands for easy installation or angle 
adjustment; and (6) a wire of not less than 3 meters either permanently 
connected or attached to the package that terminates in an 8mm diameter 
male barrel connector.
    Also excluded from the scope of this Orders are off-grid 
crystalline silicon photovoltaic panels in rigid form with a glass 
cover, with each of the following physical characteristics, whether or 
not assembled into a fully completed off-grid hydropanel whose function 
is conversion of water vapor into liquid water:
    (A) A total power output of no more than 180 watts per panel at 155 
degrees Celsius;
    (B) A surface area of less than 16,000 square centimeters (cm\2\) 
per panel;
    (C) Include a keep-out area of approximately 1,200 cm\2\ around the 
edges of the panel that does not contain solar cells;
    (D) Do not include a built-in inverter;
    (E) Do not have a frame around the edges of the panel;
    (F) Include a clear glass back panel;
    (G) Must include a permanently connected wire that terminates in a 
two-port rounded rectangular, sealed connector;
    (H) Include a thermistor installed into the permanently connected 
wire before the two-port connector; and
    (I) Include exposed positive and negative terminals at opposite 
ends of the panel, not enclosed in a junction box.
    Merchandise covered by the Orders is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 
8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 
8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 
8541.42.0010, and 8541.43.0010. These HTSUS subheadings are provided 
for convenience and customs purposes; the written description of the 
scope of the Order is dispositive.\5\
---------------------------------------------------------------------------

    \5\ See Orders.
---------------------------------------------------------------------------

Proposed Amendment of the Appendix V Certification

    Hanwha requested that the Appendix V Certification provided for 
Hanwha in the Solar Cells Circumvention be amended to include 
additional unaffiliated wafer suppliers.\6\ See the appendix to this 
notice for the amended version of the Appendix V Certification.\7\
---------------------------------------------------------------------------

    \6\ See Hanwha CCR Request.
    \7\ We have afforded business proprietary information (BPI) 
treatment to the names of the wafer exporters. See Memorandum, 
``Initiation and Preliminary Results of Changed Circumstances 
Review--BPI Addendum,'' dated concurrently with this notice.
---------------------------------------------------------------------------

Initiation of CCRs

    Pursuant to section 751(b)(1) of the Act, Commerce will conduct a 
CCR upon receipt of a request from an interested party that shows 
changed circumstances sufficient to warrant a review of the Orders. In 
accordance with 19 CFR 351.216(d), Commerce determines that the 
information submitted by Hanwha shows changed circumstances sufficient 
to warrant a review of the Orders.
    Therefore, in accordance with section 751(b)(1) of the Act, and 19 
CFR 351.216(d), we are initiating a CCR based on the information 
contained in Hanwha's CCR request. In addition, Commerce's regulations 
at 19 CFR 351.221(c)(3)(ii) permit it to initiate a CCR and issue the 
preliminary results of that CCR simultaneously if it concludes that 
expedited action is warranted. We have on the record the information 
necessary to make a preliminary finding and therefore we find that 
expedited action is warranted. Consequently, we are combining the 
notice of initiation and the preliminary results of review into a 
single notice, in accordance with 19 CFR 351.221(c)(3)(ii).

Preliminary Results of CCR

    In the Solar Cells Circumvention, Commerce made its negative 
circumvention determination for Hanwha based on a direct comparison 
between Hanwha and its affiliates in the country subject to the Orders 
when examining the criteria under section 781(b)(2) of the Act. As 
noted in the Solar Cells Circumvention Malaysia IDM, Hanwha reported 
that it sourced inputs solely from unaffiliated suppliers and did not 
have any upstream input affiliates in China.\8\ Specifically, Hanwha 
reported that it purchased Chinese-origin wafers from unaffiliated 
suppliers from China. Thus, according to our analysis methodology, and 
because Hanwha did not source from upstream affiliates in China, we 
found that its level of investment, research and development, and the 
extent of production facilities in Malaysia were

[[Page 53390]]

not minor or insignificant.\9\ Additionally, Commerce's analysis 
methodology was performed on the particular supply chains reported by 
each mandatory respondent. Therefore, Commerce specifically stated in 
the underlying circumvention inquiry that that Hanwha's exports of 
inquiry merchandise produced with wafers exported by the specific 
parties reported in its questionnaire responses are not subject to the 
Orders.\10\ Given our analysis noted above, Commerce established the 
certification under Appendix V to provide companies found not to be 
circumventing on a company-specific basis the ability to certify that 
their specific supply chain is not subject to the Orders.
---------------------------------------------------------------------------

    \8\ See Solar Cells Circumvention Malaysia IDM at Comment 9.
    \9\ Id.
    \10\ Id. at Comment 17.
---------------------------------------------------------------------------

    In this CCR request, Hanwha is requesting two new input suppliers 
be added to Hanwha's Appendix V certification that were not previously 
examined in the circumvention inquiry. As noted by Hanwha in its CCR 
request, these new input suppliers are unaffiliated suppliers providing 
Chinese-origin wafers produced by themselves or other wafer producers 
unaffiliated with Hanwha for Hanwha's production in Malaysia. As a 
result, we find that the addition of these new wafer suppliers to the 
certification regime does not undermine the analysis and negative 
circumvention determination made in the underlying inquiry.
    As such, because amending the certification with the new wafer 
suppliers requested by Hanwha in this CCR request would not change the 
underlying analysis of our circumvention inquiry, we preliminarily 
determine that it would be appropriate to amend the certification by 
adding the additional wafer suppliers identified by Hanwha.

Public Comment

    Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit 
case briefs to Commerce no later than 30 days after the publication of 
this notice in the Federal Register. Rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline for filing case briefs.\11\ Interested parties who submit 
case briefs or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\12\ All briefs must be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). An electronically filed 
document must be received successfully in its entirety in ACCESS by 
5:00 p.m. Eastern Time on the established deadline.
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Procedures).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this CCR, we instead request that 
interested parties provide at the beginning of their briefs a public, 
executive summary for each issue raised in their briefs.\13\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final results in this CCR. We request that 
interested parties include footnotes for relevant citations in the 
public executive summary of each issue. Note that Commerce has amended 
certain of its requirements pertaining to the service of documents in 
19 CFR 351.303(f).\14\
---------------------------------------------------------------------------

    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Procedures.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of issues to be discussed. Issues raised in the hearing 
will be limited to those raised in the respective case briefs. If a 
request for a hearing is made, Commerce will inform parties of the 
scheduled date for the hearing.\15\ Parties should confirm the date and 
the time of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

Final Results

    Unless the deadline is extended, pursuant to 19 CFR 351.216(e), 
Commerce intends to issue the final results of this CCR no later than 
270 days after the date on which this review was initiated or 45 days 
if all parties agree to the outcome of the review.

Notification to Interested Parties

    This initiation notice and preliminary results are published in 
accordance with section 751(b)(1) of the Act, 19 CFR 351.221(b)(1), and 
19 CFR 351.221(c)(3)(ii).

    Dated: June 20, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Proposed Amended Appendix V Certification

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding 
importation of the solar cells and solar modules produced in 
Malaysia that were entered into the Customs territory of the United 
States under the entry summary number(s) identified below which are 
covered by this certification. ``Direct personal knowledge'' refers 
to the facts the certifying party is expected to have in its own 
records. For example, the importer should have direct personal 
knowledge of the exporter and/or seller's identity and location.
    (C) If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The solar cells and/or solar modules covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    (D) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (E) I have personal knowledge of the facts regarding the 
production and exportation of the solar cells and modules identified 
below. ``Personal knowledge'' includes facts obtained from another 
party, (e.g., correspondence received by the importer (or exporter) 
from the producer of the imported products regarding production).

[[Page 53391]]

    (F) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd., 
using wafers manufactured in the People's Republic of China that 
were exported to Malaysia by: {CHECK THE RELEVANT WAFER EXPORTERS 
BELOW{time}  (we have afforded business proprietary information 
(BPI) treatment to the names of the wafer exporters; for a table of 
the names of the wafer exporters, which must be included as part of 
this paragraph in the certificate submitted to CBP--please refer to 
the proprietary version of this certification on ACCESS).
    (G) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn. 
Bhd., using wafers manufactured in China that were exported by the 
wafer supplier(s) listed in item F above, and exported by Hanwha Q 
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty 
and countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (H) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:

    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (K) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
Commerce with the importer certification, and any supporting 
documentation, and a copy of the exporter's certification, and any 
supporting documentation provided to the importer by the exporter, 
upon the request of either agency.
    (L) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (M) I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on solar cells and solar 
modules from China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    (N) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    (O) This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    (P) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 

___
Date

Exporter Certification

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

    Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.
    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF COMPANY{time} , located at {ADDRESS OF 
COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the solar cells and solar modules for 
which sales are identified below. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, an exporter should have direct personal 
knowledge of the producer's identity and location.
    (C) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS 
TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (D) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd. 
using wafers manufactured in the People's Republic of China (China) 
that were exported to Malaysia by: {CHECK THE RELEVANT WAFER 
EXPORTERS BELOW{time} 
    (We have afforded business proprietary information (BPI) 
treatment to the names of the wafer exporters; for a table of the 
names of the wafer exporters, which must be included as part of this 
paragraph in the certificate submitted to CBP--please refer to the 
proprietary version of this certification on ACCESS).
    (E) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn. 
Bhd., using wafers manufactured in China that were exported by the 
wafer supplier(s) listed in item D above, and exported by Hanwha Q 
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty 
and countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (F) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. 
Customer:

    (G) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
customer specification sheets, production records, invoices, etc.) 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (H) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is 
required to provide the U.S. importer with a copy of this 
certification and is required to provide U.S. Customs and Border 
Protection (CBP) and/or Commerce with a copy of this certification, 
and any

[[Page 53392]]

supporting documents, upon the request of either agency.
    (I) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (J) I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on solar cells and solar modules from 
China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    (K) I understand that agents of the exporter, such as freight 
forwarding companies or brokers, are not permitted to make this 
certification.
    (L) This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed, and a copy of the certification was provided 
to the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (M) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature
{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 

___
Date

[FR Doc. 2024-14033 Filed 6-25-24; 8:45 am]
BILLING CODE 3510-DS-P