Commerce Issues Final Determination on Circumvention of Solar Cells and Modules from Cambodia, Malaysia, Thailand, and Vietnam | Husch Blackwell LLP

On August 18, 2023, the Department of Commerce (“Commerce”) announced its final determination that certain solar cells and modules exported from Cambodia, Malaysia, Thailand, and Vietnam are circumventing the antidumping (“AD”) and countervailing (“CVD”) orders on imports from China after conducting its investigation for over 18 months.  Any duties will only go into effect in June 2024, subject to available certifications and exemptions.  Commerce’s final determination can be found here.

The Presidential Proclamation issued on June 6, 2022, states that Customs and Border Protection (CBP) will not collect duties on any solar module and cell imports from these four countries until June 2024 provided that parties can certify that the imports will be “utilized” within six months of the termination of proclamation, which is currently December 3, 2024.  Commerce…