Commerce’s Final Circumvention Determination Concerning Solar Cells and Modules from China | Blank Rome LLP

The U.S. Department of Commerce (“Commerce”) recently issued its final determination in its circumvention investigation concerning whether crystalline silicon photovoltaic (“CSPV”) cells and modules from Cambodia, Malaysia, Thailand, and Vietnam (the “target countries”) are circumventing antidumping duty and countervailing duty orders (the “Orders”) on CSPV cells and modules from the People’s Republic of China (“China” or “PRC”).[1] Commerce continued to find that circumvention is occurring in each of the target countries.

Overall, the Final Determination did not significantly change Commerce’s Preliminary Determination:[2] all producers and exporters of CSPV cells and modules in the target countries can avoid the imposition of antidumping and countervailing duties or cash deposits only if they can comply with the applicable certification…