Commerce Fixes Typo in China Solar Cell Rules
Published Date: 3/5/2025
Notice
Summary
The U.S. Department of Commerce fixed a small mistake in their December 2024 decision about import rules for solar cells from China, specifically involving Hanwha Q CELLS Malaysia. This correction updates the official paperwork to keep everything clear and accurate. If you’re importing or exporting these solar cells, watch for the updated certification rules that could affect your paperwork timing.
Analyzed Economic Effects
3 provisions identified: 1 benefits, 2 costs, 0 mixed.
Failing certification can trigger duties and suspension
If an importer or exporter fails to maintain the required certifications or supporting documentation, or fails to substantiate claims or allow verification by CBP or Commerce, Commerce may treat the entries/sales as covered by the AD and CVD orders. That finding may result in: (i) suspension of liquidation of all unliquidated entries, (ii) the importer being required to post the antidumping duty and countervailing duty cash deposits determined by Commerce, and (iii) the importer or seller no longer being allowed to participate in the certification process.
Hanwha Malaysia found not circumventing orders
The U.S. Department of Commerce found that Hanwha Q CELLS Malaysia Sdn. Bhd. — producing solar cells in Malaysia using wafers manufactured in the People's Republic of China that were exported to Malaysia by the listed wafer suppliers — is not circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells from China. This determination applies to entries/sales covered by the certification described in the amended Appendix V.
New timing rules for importer/exporter certifications
Importers must complete and sign the importer certification either on or before the entry summary date if the entry date is more than 14 days after publication of Commerce's corrected final results; if the entry date is on or before the 14th day after publication, the certification must be completed and signed by no later than 45 days after publication. Exporters must complete and sign the exporter certification, and provide a copy to the importer, on or before the shipment date if the shipment date is more than 14 days after publication; if the shipment date is on or before the 14th day after publication, the exporter must complete, sign, and provide the certification by no later than 45 days after publication.
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Key Dates
Department and Agencies
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