Federal Register, Volume 89 Issue 239 (Thursday, December 12, 2024)

[Federal Register Volume 89, Number 239 (Thursday, December 12, 2024)]
[Notices]
[Pages 100466-100470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29328]

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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: Notice of Final
Results of Changed Circumstances Reviews

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

SUMMARY: On June 26, 2024, the U.S. Department of Commerce (Commerce)
published the preliminary results of the 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. For these final
results, Commerce continues to find it appropriate to amend the
Appendix V certification to include the additional wafer suppliers
identified by Hanwha in its CCR requests.

DATES: Applicable December 12, 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 June 26, 2024, Commerce published the preliminary results of
these CCRs, determining that it would be appropriate to amend the
Appendix V certification, provided in Solar Cells Circumvention,\1\ by
adding new wafer suppliers identified by Hanwha Q

[[Page 100467]]

CELLS Sdn. Bhd. and Hanwha Q Cells USA, Inc. (collectively, Hanwha).\2\
We provided all interested parties with an opportunity to comment. On
July 26, 2024, Hanwha submitted a case brief.\3\ No other interested
party filed a case or rebuttal brief.
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\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 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,
89 FR 53388 (June 26, 2024) (Preliminary Results).
\3\ See Hanwha's Letter, ``QCells' Case Brief,'' dated July 26,
2024 (Hanwha Case Brief).
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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\
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\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).
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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 10,000mm\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;
(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.
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 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 cm2 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 8 mm
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;

[[Page 100468]]

(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\
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\5\ See Orders.
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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 Appendix II for the
Appendix V Certification.\7\ Commerce is affording business proprietary
information treatment to the names of the wafer supplier/exporters. For
a table of the names of the additional wafer suppliers/exporters please
refer to the proprietary version of this certification on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
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\6\ 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's CCR Requests).
\7\ We have afforded business proprietary information (BPI)
treatment to the names of the wafer exporters. We note that Commerce
uses the term wafer exporter in our Appendix V certification, and
here we use the term wafer supplier interchangeably with wafer
exporter in this context. See Memorandum, ``Final Results of Changed
Circumstances Reviews--BPI Addendum,'' dated concurrently with this
notice.
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Analysis of Comments Received

All issues raised in the case brief are addressed in the Issues and
Decision Memorandum,\8\ and are listed in Appendix I. The Issues and
Decision Memorandum is a public document and is on file electronically
via ACCESS. ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\8\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the People's Republic of
China: Final Results of Changed Circumstances Reviews,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Final Results of CCR

Upon review of the comments received, Commerce continues to
determine it is appropriate to amend the Appendix V certification for
Hanwha, provided in Solar Cells Circumvention, by adding the additional
unaffiliated wafer suppliers identified in Hanwha's CCR requests. We
continue to find it appropriate not to amend the Appendix V
certifications to require that Hanwha only certify that the wafers used
to produce solar cells for export to the United States are Chinese in
origin.

Application of the Final Results of CCR

Hanwha requested that Commerce apply the final results of these
reviews retroactively to the date of publication of the final
determination in Solar Cells Circumvention, or alternatively, to the
date it filed its changed circumstance requests (i.e., May 6, 2024).
Commerce has determined it is appropriate to retroactively apply the
amended Appendix V certification to May 6, 2024. For further details,
please see the Issues and Decision Memorandum.
For all solar cells or solar modules from Malaysia that were
entered, or withdrawn from warehouse, for consumption during the period
May 6, 2024 (the date Hanwha filed these CCR requests) through the date
of publication of the final results of these CCRs in the Federal
Register, where the entry has not been liquidated (and entries for
which liquidation has not become final), certifications pursuant to
this CCR, should be completed and signed as soon as practicable, but
not later than 45 days after the date of publication of these final
determinations in the Federal Register.
On December 8, 2022, Commerce implemented certification
requirements for certain entries of subject merchandise.\9\ The
importer, or the importer's agent, must submit any required
certifications to U.S. Customs and Border Protection (CBP) as part of
the entry process by uploading them into the document imaging system in
CBP's Automated Commercial Environment at the time of entry summary
filing. Consistent with CBP's procedures, importers shall identify
entries required to have certifications by using importers' additional
declaration (record 54) AD/CVD Certification Designation (type code 06)
when filing entry summary.\10\
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\9\ See Antidumping and Countervailing Duty Orders on
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Preliminary
Affirmative Determinations of Circumvention With Respect to
Cambodia, Malaysia, Thailand, and Vietnam, 87 FR 75221 (December 8,
2022).
\10\ See Cargo System Messaging Service #59384253, dated
February 12, 2024; see also Announcing an Importer's Additional
Declaration in the Automated Commercial Environment Specific to
Antidumping/Countervailing Duty Certifications, 89 FR 7372 (February
2, 2024).
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Instructions to U.S. Customs and Border Protection (CBP)

Because we determine that there are changed circumstances that
warrant a retroactive change to Hanwha's Appendix V certification, we
will instruct CBP to liquidate without regard to antidumping and
countervailing duties, and to refund any estimated antidumping and
countervailing duties on, all unliquidated entries of the merchandise
covered by the amended certification, effective May 6, 2024. Commerce
intends to issue instructions to CBP no earlier than 35 days after the
date of publication of the final result of these CCRs in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the instructions will direct CBP not to liquidate
relevant entries until the time for parties to file a request for a
statutory injunction has expired (i.e., within 90 days of publication).

Administrative Protective Order

This notice serves as a final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.

Notification to Interested Parties

This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act, and 19 CFR 351.221(b)(1), and 19 CFR
351.221(c)(3).

[[Page 100469]]

Dated: November 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Discussion of the Issues
IV. Recommendation

Appendix II

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).
(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}

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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

[[Page 100470]]

{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 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}

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Date

[FR Doc. 2024-29328 Filed 12-11-24; 8:45 am]
BILLING CODE 3510-DS-P