Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 57419 

1See 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) (Preliminary 

Determinations), and accompanying Preliminary 

Decision Memoranda (PDM). 

2See 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) (AD Order); see also 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) (CVD Order) 

(collectively, Orders). 

3See Sonali’s Letter, ‘‘Sonali Energees USA LLC’s 

Scope Ruling Application for Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled Into 

Modules, from the People’s Republic of China: 

Request for Scope Ruling on Certain Solar Modules 

and Cells Manufactured in Cambodia,’’ dated 

December 23, 2022. 

4See Memorandum, ‘‘Sonali Scope Inquiry,’’ 

dated January 20, 2023. 

5See Memoranda, ‘‘Antidumping and 

Countervailing Duty Orders on Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled Into 

Modules, from the People’s Republic of China: 

Issues and Decision Memorandum for the 

Circumvention Inquiry With Respect to the 

Kingdom of Cambodia’’ (Cambodia IDM); 

‘‘Antidumping and Countervailing Duty Orders on 

Crystalline Silicon Photovoltaic Cells, Whether or 

Not Assembled Into Modules, from the People’s 

Republic of China: Issues and Decision 

Memorandum for the Circumvention Inquiry With 

Respect to Malaysia’’; ‘‘Antidumping and 

Countervailing Duty Orders on Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled Into 

Modules, from the People’s Republic of China: 

Issues and Decision Memorandum for the 

Circumvention Inquiry With Respect to the 

Continued 

Forum to the maximum extent 

permitted by law and consistent with 

the need for balanced industry 

representation. Where possible, the 

Department of Commerce will also 

consider the ethnic, racial, and gender 

diversity of the United States. 

U.S. Section members will receive no 

compensation for their participation in 

Forum-related activities. Individual 

members will be responsible for all 

travel and related expenses associated 

with their participation, including 

attendance at Forum and Section 

meetings. At the meetings, the U.S. and 

Indian Sections will be expected to offer 

recommendations to the U.S. and Indian 

governments. Only appointed members 

may participate in official Forum 

meetings; substitutes and alternates may 

not participate. U.S. Section members 

will serve until December 31, 2024. 

Members serve at the discretion of the 

Secretary. 

This notice supersedes the notices 

announcing membership opportunities 

for appointment, or reappointment, to 

the U.S. Section of the Forum published 

in the Federal Register on February 18, 

2022 (87 FR 9318) and March 23, 2022 

(87 FR 16455). 

To be considered for membership in 

the U.S. Section, please submit the 

following information as instructed in 

the ADDRESSES and DATE captions above: 

Name and title of the applicant; the 

applicant company’s name, place of 

incorporation, main headquarters 

address, and principal place of business 

address (if different); size of the 

company; size of company’s export 

trade, investment, and nature of 

operations or interest in India; and a 

brief statement describing the 

candidate’s qualifications that should be 

considered, including information about 

the candidate’s ability to initiate and be 

responsible for activities in which the 

Forum will be active. The application 

should also include sufficient 

information to demonstrate the 

applicant’s company is U.S.-owned or 

controlled, which may include, for 

example, an affirmation from the 

company that a majority of its voting 

stock is owned by U.S. citizens or other 

U.S. entities, an affirmation that a 

majority of its board of directors are U.S. 

citizens, or other indicia of U.S. 

ownership or control. Candidates who 

applied under a previous notice will 

need to submit a new application if they 

want to be considered. All candidates 

will be notified once selections have 

been made. 

Dated: August 17, 2023. 

Valerie Dees, 

Director of the Office of South Asia. 

[FR Doc. 2023–18076 Filed 8–22–23; 8:45 am] 

BILLING CODE 3510–HE–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–979, C–570–980] 

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 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that, 

except as noted below, imports of 

certain crystalline silicon photovoltaic 

cells, whether or not assembled into 

modules (solar cells and modules), that 

have been completed in the Kingdom of 

Cambodia (Cambodia), Malaysia, the 

Kingdom of Thailand (Thailand), or the 

Socialist Republic of Vietnam 

(Vietnam), using parts and components 

produced in the People’s Republic of 

China (China), as specified below, that 

are then subsequently exported from 

Cambodia, Malaysia, Thailand, or 

Vietnam to the United States are 

circumventing the antidumping duty 

(AD) and countervailing duty (CVD) 

orders on solar cells and modules from 

China. 

DATES: Applicable August 23, 2023. 

FOR FURTHER INFORMATION CONTACT: Jose 

Rivera, Peter Shaw, or Toni Page 

(Cambodia and Malaysia) and Jeff 

Pedersen or Paola Aleman Ordaz 

(Thailand and Vietnam), Offices VII and 

IV, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–0842, 

(202) 482–1398, (202) 482–0697, (202) 

482–2769, and (202) 482–4031, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 8, 2022, Commerce 

published the preliminary 

determinations 1 of the circumvention 

inquiries of the AD and CVD orders on 

solar cells and modules from China. The 

circumvention inquiries concern solar 

cells and modules which were 

completed in Cambodia, Malaysia, 

Thailand, or Vietnam using parts and 

components manufactured in China.2

We invited parties to comment on the 

Preliminary Determinations. 

On December 23, 2022, Sonali 

Energees USA LLC (Sonali) filed a 

Scope Ruling Application in which it 

requested that Commerce determine that 

the solar modules that it imports into 

the United States from Cambodia are 

outside the scope of the Orders.3 On 

January 20, 2023, Commerce notified all 

interested parties that it would address 

Sonali’s scope ruling request in the 

circumvention inquiry covering 

Cambodia.4

A summary of events that occurred 

since Commerce published the 

Preliminary Determinations, as well as a 

full discussion of the issues raised by 

parties for these final determinations, 

may be found in the Issues and Decision 

Memoranda.5 Commerce conducted the 


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Kingdom of Thailand’’; and ‘‘Antidumping and 

Countervailing Duty Orders on Crystalline Silicon 

Photovoltaic Cells, Whether or Not Assembled Into 

Modules, from the People’s Republic of China: 

Issues and Decision Memorandum for the 

Circumvention Inquiry With Respect to the 

Socialist Republic of Vietnam’’ (Vietnam IDM); all 

dated concurrently with, and hereby adopted by, 

this notice (collectively, Issues and Decision 

Memoranda). 

6 Id. 

7See Vietnam IDM at Comment 8. 

8See Appendix II for a list of companies that 

failed to respond to Commerce’s request for Q&V 

information. 

9See Cambodia IDM at Comment 9. 

10See Memorandum, ‘‘Verification of Vina Solar 

Technology Company Limited,’’ dated April 12, 

2023. 

scope inquiry in accordance with 19 

CFR 351.225(c) and (h) and these 

circumvention inquiries in accordance 

with section 781(b) of the Tariff Act of 

1930, as amended (the Act) and 19 CFR 

351.226. 

Scope of the Orders 

The products subject to the Orders are 

solar cells and modules. For a full 

description of the scope of the Orders, 

see the Issues and Decision 

Memoranda.6

Scope Ruling 

The scope ruling covers certain solar 

modules that have been completed in 

Cambodia, using wafers from China, 

that are subsequently exported from 

Cambodia to the United States. 

Merchandise Subject to the 

Circumvention Inquiries 

The circumvention inquiries cover 

certain solar cells and modules that 

have been completed in Cambodia, 

Malaysia, Thailand, or Vietnam, using 

parts and components from China, as 

specified below, that are subsequently 

exported from Cambodia, Malaysia, 

Thailand, or Vietnam to the United 

States (inquiry merchandise). 

Specifically, these circumvention 

inquiries cover: (A) crystalline silicon 

photovoltaic cells that meet the physical 

description of crystalline silicon 

photovoltaic cells in the scope of the 

underlying Orders, subject to the 

exclusions therein, whether or not 

partially or fully assembled into other 

products, that were produced in 

Cambodia, Malaysia, Thailand, or 

Vietnam, from wafers produced in 

China; and (B) modules, laminates, and 

panels consisting of crystalline silicon 

photovoltaic cells, subject to the 

exclusions for certain panels in the 

scope of the underlying orders, whether 

or not partially or fully assembled into 

other products, that were produced in 

Cambodia, Malaysia, Thailand, or 

Vietnam from wafers produced in China 

and where more than two of the 

following components in the module/ 

laminate/panel were produced in China: 

(1) silver paste; (2) aluminum frames; (3) 

glass; (4) backsheets; (5) ethylene vinyl 

acetate sheets; and (6) junction boxes. 

If modules, laminates, and panels 

consisting of crystalline silicon 

photovoltaic cells do not meet both of 

the conditions in item (B) above, then 

these circumvention inquiries do not 

cover the modules, laminates, and 

panels, or the crystalline silicon 

photovoltaic cells within the modules, 

laminates, and panels, even if those 

crystalline silicon photovoltaic cells 

were produced in Cambodia, Malaysia, 

Thailand, or Vietnam from wafers 

produced in China. Wafers produced 

outside of China with polysilicon 

sourced from China are not considered 

to be wafers produced in China for 

purposes of these circumvention 

inquiries. 

Methodology 

Commerce made the final scope 

determination in accordance with 19 

CFR 351.225. Commerce made these 

final circumvention findings in 

accordance with section 781(b) of the 

Act and 19 CFR 351.226. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs submitted by parties in 

these inquiries are addressed in the 

Issues and Decision Memoranda. 

Commerce did not receive any 

comments on Sonali’s Scope Ruling 

Application. A list of topics included in 

the Issues and Decision Memoranda are 

included as Appendix I to this notice. 

The Issues and Decision Memoranda are 

public documents and are on file 

electronically via Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (ACCESS). 

ACCESS is available to registered users 

at https://access.trade.gov. In addition, 

complete versions of the Issues and 

Decision Memoranda can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Final Scope Ruling 

As detailed in the Cambodia IDM, we 

find that the merchandise described in 

Sonali’s Scope Ruling Application is not 

covered by the scope of the Orders. 

However, Sonali’s merchandise is 

subject to Commerce’s determination in 

the circumvention inquiry involving 

Cambodia. 

Final Determinations of Circumvention 

As detailed in the Issues and Decision 

Memoranda for Cambodia, Malaysia, 

and Vietnam, and in the Preliminary 

Determination for Thailand, with the 

exception of certain U.S. imports from 

the exporters identified in Appendix III 

to this notice, we determine that U.S. 

imports of inquiry merchandise are 

circumventing the Orders on a countrywide basis. As a result, we determine 

that this merchandise is covered by the 

Orders. 

We determine, pursuant to section 

781(b) of the Act and 19 CFR 351.225(g), 

that solar cells/solar modules exported 

from, and produced in, Malaysia, or 

Vietnam by the entities listed for each 

of those countries in Appendix III to 

this notice, using wafers produced in 

China that were exported by specific 

companies are not circumventing the 

Orders. 

After considering comments from 

interested parties, we determine to not 

apply adverse facts available to Vietnam 

Sunergy Joint Stock Company.7

See the ‘‘Suspension of Liquidation 

and Cash Deposit Requirements’’ 

section below for details regarding 

suspension of liquidation and cash 

deposit requirements. See the 

‘‘Certification’’ and ‘‘Certification 

Requirements’’ section below for details 

regarding the use of certifications. 

Use of Adverse Facts Available 

In the Preliminary Determinations, we 

relied on the facts available under 

section 776(a) of the Act, including facts 

available with adverse inferences under 

section 776(b) of the Act, where 

appropriate. In particular, we requested 

information from certain companies in 

each of the examined countries, 

including the quantity and value (Q&V) 

of their exports during the inquiry 

period for purposes of respondent 

selection. In the Q&V questionnaire, 

Commerce explained that, if the 

company to which Commerce issued the 

questionnaire fails to respond to the 

questionnaire, or fails to provide the 

requested information, Commerce may 

find that the company failed to 

cooperate by not acting to the best of its 

ability to comply with the request for 

information, and may use an inference 

that is adverse to the company’s 

interests in selecting from the facts 

otherwise available. Certain companies 

to which Commerce issued the Q&V 

questionnaire in the Malaysia, Thailand, 

and Vietnam inquiries received, but 

failed to timely respond to, the Q&V 

questionnaire.8

Additionally, New East Solar Energy 

(Cambodia) Co., Ltd.9 and Vina Solar 

Technology Co., Ltd.10 refused to 

participate in verification. 


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11See Vietnam IDM at Comment 8. 

12See Issues and Decisions Memoranda at the 

Comment entitled ‘‘Whether Commerce Should 

Reconsider Certification Eligibility in Changed 

Circumstances Reviews.’’ 

13See Proclamation No. 10414, Declaration of 

Emergency and Authorization for Temporary 

Extensions of Time and Duty-Free Importation of 

Solar Cells and Modules from Southeast Asia, 87 

FR 35067 (June 9, 2022) (Proclamation 10414). 

14 ‘‘Certain Solar Orders’’ refers to the following 

orders: (1) Solar Cells AD Order; (2) Solar Cells CVD 

Order; and (3) Certain Crystalline Silicon 

Photovoltaic Products from Taiwan: Antidumping 

Duty Order, 80 FR 8596 (February 18, 2015). 

15See 19 CFR 362.102. 

16 Id. 

17 Id. 

18 Id. 

Therefore, we find that necessary 

information is not available on the 

record and that the companies that 

failed to timely respond to the Q&V 

questionnaire withheld requested 

information, failed to provide requested 

information by the deadline or in the 

form and manner requested, 

significantly impeded these inquiries, 

and that the companies that refused to 

be verified significantly impeded these 

inquiries and provided information that 

could not be verified, within the 

meaning of sections 776(a)(2)(A)–(D) of 

the Act. Moreover, we find that these 

companies failed to cooperate to the 

best of their ability to provide the 

requested information, within the 

meaning of section 776(b) of the Act, 

because they either did not provide a 

timely response to Commerce’s Q&V 

questionnaire or did not allow their 

submitted information to be verified. 

Consequently, we have used adverse 

inferences with respect to these 

companies in selecting from among the 

facts otherwise available on the record, 

pursuant to sections 776(a) and (b) of 

the Act. 

Based on the adverse facts available 

used, we determine that the companies 

listed in Appendix II to this notice 

exported inquiry merchandise and that 

U.S. entries of that merchandise are 

circumventing the Orders. As noted 

above, we are no longer applying 

adverse facts available to Vietnam 

Sunergy Joint Stock Company and this 

company has been removed from the list 

in Appendix II.11 Additionally, with the 

exception of the ‘‘Applicable Entries’’ 

certification, which is described in the 

‘‘Certifications’’ section below, we are 

precluding the companies listed in 

Appendix II to this notice from 

participating in the certification 

programs that we are establishing for 

exports of solar cells and modules from 

Cambodia, Malaysia, Thailand, and 

Vietnam. 

U.S. entries of inquiry merchandise 

made on or after April 1, 2022, that are 

ineligible for certification based on the 

failure of the companies listed in 

Appendix II to cooperate, or for other 

reasons, shall remain subject to 

suspension of liquidation until final 

assessment instructions on those entries 

are issued, whether by automatic 

liquidation instructions, or by 

instructions pursuant to the final results 

of an administrative review. After 

considering comments from interested 

parties, we determined that interested 

parties that wish to have their 

suspended non-‘‘Applicable Entries,’’ if 

any, reviewed, and/or their ineligibility 

for the certification program reevaluated, should request an 

administrative review of the relevant 

suspended entries during the next 

anniversary month of these Orders (i.e., 

December 2023).12 The requestor should 

note in the request for an administrative 

review that: (1) it believes that all the 

imported merchandise from the 

company identified in Appendix II 

would meet the certification 

requirements in Appendix VI of this 

Federal Register notice; and (2) that the 

requestor is seeking a review in order 

for Commerce to reconsider the 

exporter/producer’s eligibility to certify 

to that fact. 

Suspension of Liquidation and Cash 

Deposit Requirements 

On June 6, 2022, the President of the 

United States signed Presidential 

Proclamation 10414, ‘‘Declaration of 

Emergency and Authorization for 

Temporary Extensions of Time and 

Duty-Free Importation of Solar Cells and 

Modules from Southeast Asia.’’ 13 In 

Presidential Proclamation 10414, the 

President directed the Secretary of 

Commerce (the Secretary) to: 

consider taking appropriate action under 

section 1318(a) of title 19, United States 

Code, to permit, until 24 months after the 

date of this proclamation or until the 

emergency declared herein has terminated, 

whichever occurs first, under such 

regulations and under such conditions as the 

Secretary may prescribe, the importation, free 

of the collection of duties and estimated 

duties, if applicable, under sections 1671, 

1673, 1675, and 1677j of title 19, United 

States Code, {(sections 701, 731, 751 and 781 

of the Act)} of certain solar cells and modules 

exported from the Kingdom of Cambodia, 

Malaysia, the Kingdom of Thailand, and the 

Socialist Republic of Vietnam, and that are 

not already subject to an antidumping or 

countervailing duty order as of the date of 

this proclamation . . . 

On September 12, 2022, Commerce 

added Part 362 to its regulations to 

implement Presidential Proclamation 

10414. Pursuant to 19 CFR 

362.103(b)(1)(i), Commerce will direct 

U.S. Customs and Border Protection 

(CBP) to discontinue the suspension of 

liquidation and collection of cash 

deposits that were ordered based on 

Commerce’s initiation of these 

circumvention inquiries. In addition, 

pursuant to 19 CFR 362.103(b)(1)(ii) and 

(iii), Commerce will not direct CBP to 

suspend liquidation, and require cash 

deposits, of estimated ADs and CVDs 

based on these affirmative 

determinations of circumvention on, 

any ‘‘Applicable Entries.’’ However, 

Commerce will direct CBP to suspend 

liquidation, and collect cash deposits, of 

estimated ADs and CVDs based on these 

affirmative determinations of 

circumvention on, imports of 

‘‘Southeast Asian-Completed cells and 

modules’’ that are not ‘‘Applicable 

Entries.’’ 

Pursuant to 19 CFR 362.102, 

‘Southeast Asian-Completed Cells and 

Modules’’ are: 

crystalline silicon photovoltaic cells, whether 

or not assembled into modules (solar cells 

and modules), which are completed in the 

Kingdom of Cambodia, Malaysia, the 

Kingdom of Thailand, or the Socialist 

Republic of Vietnam using parts and 

components manufactured in the People’s 

Republic of China, and subsequently 

exported from Cambodia, Malaysia, 

Thailand, or Vietnam to the United States. 

These are cells and modules subject to the 

Solar Circumvention Inquiries. Southeast 

Asian-Completed Cells and Modules does not 

mean solar cells and modules that, on June 

6, 2022, the date Proclamation 10414 was 

signed, were already subject to Certain Solar 

Orders.14

‘‘Applicable Entries means the entries of 

Southeast Asian-Completed Cells and 

Modules that are entered into the 

United States, or withdrawn from 

warehouse, for consumption before the 

Date of Termination and, for entries that 

enter after November 15, 2022, are used 

in the United States by the Utilization 

Expiration Date.’’ 15 The ‘‘Date of 

Termination’’ is ‘‘June 6, 2024, or the 

date the emergency described in 

Presidential Proclamation 10414 has 

been terminated, whichever occurs 

first.’’ 16 The ‘‘Utilization Expiration 

Date’’ is ‘‘the date 180 days after the 

Date of Termination.’’ 17 ‘‘Utilization 

and utilized means the Southeast AsianCompleted Cells and Modules will be 

used or installed in the United States. 

Merchandise which remains in 

inventory or a warehouse in the United 

States, is resold to another party, is 

subsequently exported, or is destroyed 

after importation is not considered 

utilized for purposes of’’ the provisions 

in Part 362 of the regulations.18


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19See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, from the 

People’s Republic of China: Initiation of 

Circumvention Inquiry on the Antidumping Duty 

and Countervailing Duty Orders, 87 FR 19071 

(April 1, 2022). 

20See Preliminary Determinations, 87 FR at 

75224. 

21See Preliminary Determinations PDM at the 

section titled ‘‘Use of Facts Available with an 

Adverse Inference’’; and, e.g., Anti-circumvention 

Inquiry of the Antidumping Duty Order on Certain 

Pasta from Italy: Affirmative Preliminary 

Determination of Circumvention of the 

Antidumping Duty Order, 63 FR 18364, 18366 

(April 15, 1998), unchanged in Anti-Circumvention 

Inquiry of the Antidumping Duty Order on Certain 

Pasta from Italy: Affirmative Final Determination of 

Circumvention of the Antidumping Duty Order, 63 

FR 54672, 54675–76 (October 13, 1998). 

Therefore, based on these affirmative 

determinations of circumvention, 

Commerce will direct CBP to continue 

to suspend liquidation of, and collect 

cash deposits of the applicable 

estimated ADs and CVDs on, U.S. 

imports of Southeast Asian-completed 

solar cells and solar modules that are 

not ‘‘Applicable Entries’’ that were 

entered, or withdrawn from warehouse, 

for consumption on or after April 1, 

2022, the date of publication of 

initiation of these circumvention 

inquiries in the Federal Register,19 but 

prior to the Date of Termination of 

Presidential Proclamation 10414. 

Specifically, with the exception of the 

entries for which the importer and 

exporter have met the requirements of 

the relevant certifications described in 

the ‘‘Certified Entries’’ section of this 

notice below, Commerce will direct CBP 

to implement the following cash deposit 

requirements for U.S. entries of 

‘‘Southeast Asian-completed cells and 

modules’’ that are not ‘‘Applicable 

Entries’’: (1) for exporters of the solar 

cells or solar modules that have a 

company-specific cash deposit rate 

under the AD Order and/or CVD Order, 

the cash deposit rate will be the 

company-specific AD and/or CVD cash 

deposit rate established for that 

company in the most recentlycompleted segment of the solar cells 

proceedings; (2) for exporters of the 

solar cells or solar modules that do not 

have a company-specific cash deposit 

rate under the AD Order and/or CVD 

Order, the cash deposit rate will be the 

company-specific cash deposit rate 

established under the AD Order and/or 

CVD Order for the company in China 

that exported the wafers to the 

producer/exporter in the relevant third 

country (i.e., Cambodia, Malaysia, 

Thailand, or Vietnam) that were 

incorporated in the imported solar cells 

or solar modules; and (3) if neither the 

exporter of the solar cells or solar 

modules nor the exporter of the wafers 

described in item (2) above has a 

company-specific cash deposit rate, the 

AD cash deposit rate will be the Chinawide rate (238.95 percent), and the CVD 

cash deposit rate will be the all-others 

rate (15.24 percent). Commerce has 

established the following third-country 

case numbers in the Automated 

Commercial Environment (ACE) for 

such entries: Cambodia—A–555–902– 

000/C–555–903–000; Malaysia—A–557– 

988–000/C–557–989–000; Thailand—A– 

549–988–000/C–549–989–000; and 

Vietnam—A–552–988–000/C–552–989– 

000. If the exporter of the wafers 

described in the cash deposit 

requirements above has its own 

company-specific cash deposit rate 

under the Orders, the importer, 

producer, or exporter of inquiry 

merchandise containing those wafers 

may file a request in ACCESS on the 

record of the applicable proceeding 

segment that Commerce establish a case 

number in ACE for the Orders for the 

applicable third-country that is specific 

to the Chinese wafer exporter. CBP may 

also submit such a request to Commerce 

through the ACE AD/CVD Portal Inquiry 

System. 

Entries on or After Termination of 

Presidential Proclamation 10414 

Upon termination of the Presidential 

Proclamation 10414, Commerce will 

issue instructions to CBP that are 

described in 19 CFR 362.103(b)(2). 

Further, consistent with 19 CFR 

362.103(b)(3), after the Preliminary 

Determinations, Commerce issued 

instructions to CBP pursuant to 19 CFR 

362.103(b)(3).20

Certified Entries 

Entries prior to the Date of 

Termination for which the importer and 

exporter have met the certification 

requirements described below and in 

Appendix IV, V, or VI to this notice, and 

entries on or after the Date for 

Termination for which the importer and 

exporter have met the certification 

requirements described below and in 

Appendix V or VI to this notice, will not 

be subject to suspension of liquidation, 

or the cash deposit requirements 

described above. Failure to comply with 

the applicable requisite certification 

requirements may result in the 

merchandise being subject to ADs and 

CVDs. 

Certifications 

In order to administer these countrywide affirmative determinations of 

circumvention, and the companyspecific negative determinations of 

circumvention, and to implement 

Presidential Proclamation 10414, 

Commerce has established the following 

types of certifications: (1) importer and 

exporter certifications that specific 

entries meet the regulatory definition of 

‘‘Applicable Entries’’ (see Appendix IV 

to this notice); (2) importer and exporter 

certifications that specific entries are 

not subject to suspension of liquidation 

or the collection of cash deposits based 

on the negative circumvention 

determinations with respect to the 

exporters listed in Appendix III to this 

notice in combination with certain 

wafer exporters (see Appendix V to this 

notice); and (3) importer and exporter 

certifications that specific entries of 

solar cells or solar modules from 

Cambodia, Malaysia, Thailand, or 

Vietnam are not subject to suspension of 

liquidation or the collection of cash 

deposits pursuant to these country-wide 

affirmative determinations of 

circumvention because the merchandise 

meets the component content 

requirements described in the 

certification (see Appendix VI to this 

notice). The non-cooperative companies 

listed in Appendix II are not eligible to 

use the certification described in items 

(2) or (3) above for the relevant inquiry 

country.21

Importers and exporters that claim 

that: (1) an entry of ‘‘Southeast Asiancompleted cells and modules’’ is an 

‘‘Applicable Entry’’; (2) an entry of solar 

cells or solar modules is not subject to 

suspension of liquidation or the 

collection of cash deposits based on the 

negative circumvention determination 

with respect to one of the companies 

listed in Appendix III; or (3) the entry 

of solar cells or solar modules is not 

subject to suspension of liquidation or 

the collection of cash deposits based on 

the inputs used to manufacture such 

merchandise, must complete the 

applicable certification and meet the 

certification and documentation 

requirements described below, as well 

as the requirements identified in the 

applicable certification. 

Certification Requirements 

Importers are required to complete 

and maintain the applicable importer 

certification, and maintain a copy of the 

applicable exporter certification, and 

retain all supporting documentation for 

both certifications. For entries of inquiry 

merchandise more than 14 days after the 

date of publication of the notice of 

Commerce’s Preliminary Determinations 

of circumvention in the Federal 

Register, the applicable importer 

certification must be completed and 

signed by the time the entry summary 

is filed for the relevant entry. For entries 


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22See Orders. 

of inquiry merchandise during the 

period April 1, 2022, (the date of 

initiation of these circumvention 

inquiries) through the 14th day after the 

date of publication of the notice of 

Commerce’s Preliminary Determinations 

of circumvention in the Federal 

Register, where the entry has not been 

liquidated (and entries for which 

liquidation has not become final), the 

applicable importer certification should 

have been completed and signed by no 

later than 45 days after the date of 

publication of the notice of Commerce’s 

Preliminary Determinations of 

circumvention in the Federal Register. 

For entries of inquiry merchandise 

during the period April 1, 2022, through 

the 14th day after the date of 

publication of the notice of Commerce’s 

Preliminary Determinations of 

circumvention in the Federal Register, 

importers have the option to complete a 

blanket certification covering multiple 

entries, individual certifications for 

each entry, or a combination thereof. 

The importer, or the importer’s agent, 

must submit both the importer’s 

certification and the exporter’s 

certification to CBP as part of the entry 

process by uploading them into the 

document imaging system (DIS) in ACE. 

Where the importer uses a broker to 

facilitate the entry process, it should 

obtain the entry summary number from 

the broker. Agents of the importer, such 

as brokers, however, are not permitted 

to certify on behalf of the importer. 

Exporters are required to complete 

and maintain the applicable exporter 

certification and provide the importer 

with a copy of that certification and all 

supporting documentation (e.g., invoice, 

purchase order, production records, 

etc.). For shipments of inquiry 

merchandise more than 14 days after the 

date of publication of the notice of 

Commerce’s Preliminary Determinations 

of circumvention in the Federal 

Register, the applicable exporter 

certification must be completed and 

signed, and a copy of the certification 

provided to the importer, on, or prior to, 

the date of shipment. For entries during 

the period April 1, 2022, (the date of 

initiation of these circumvention 

inquiries) through the 14th day after the 

date of publication of the notice of 

Commerce’s Preliminary Determinations 

of circumvention in the Federal 

Register, the applicable exporter 

certification should have been 

completed and signed, and a copy of the 

certification provided to the importer, 

by no later than 45 days after the date 

of publication of the notice of 

Commerce’s Preliminary Determinations 

of circumvention in the Federal 

Register. For shipments of inquiry 

merchandise during the period April 1, 

2022, through the 14th day after the date 

of publication of the notice of 

Commerce’s Preliminary Determinations 

of circumvention in the Federal 

Register, exporters have the option to 

complete a blanket certification 

covering multiple entries, individual 

certifications for each entry, or a 

combination thereof. 

The exporter certification should be 

completed by the party selling the solar 

cells or solar modules to the United 

States that were manufactured in 

Cambodia, Malaysia, Thailand, or 

Vietnam. 

Additionally, the claims made in the 

certifications and any supporting 

documentation are subject to 

verification by Commerce and/or CBP. 

Importers and exporters are required to 

maintain the certifications and 

supporting documentation for 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. 

For unliquidated entries (and entries 

for which liquidation has not become 

final) of solar cells and solar modules 

that were declared as non-AD/CVD type 

entries (e.g., type 01) and were entered, 

or withdrawn from warehouse, for 

consumption in the United States 

during the period April 1, 2022, (the 

date of initiation of these circumvention 

inquiries) through the date of 

publication of the Preliminary 

Determinations in the Federal Register, 

for which none of the above 

certifications may be made, importers 

must file a Post Summary Correction 

with CBP, in accordance with CBP’s 

regulations, regarding conversion of 

such entries from non-AD/CVD type 

entries to AD/CVD type entries (e.g., 

type 01 to type 03). Importers should 

report those AD/CVD type entries using 

the following third-country case 

numbers: Cambodia—A–555–902–000/ 

C–555–903–000; Malaysia—A–557– 

988–000/C–557–989–000; Thailand—A– 

549–988–000/C–549–989–000; and 

Vietnam—A–552–988–000/C–552–989– 

000. Other third-country case numbers 

may be established following the 

process described above. The importer 

should pay cash deposits on those 

entries consistent with the regulations 

governing post summary corrections 

that require payment of additional 

duties. 

If it is determined that an importer 

and/or exporter has not met the 

certification and/or related 

documentation requirements for certain 

entries, Commerce intends to instruct 

CBP to suspend, pursuant to these 

country-wide affirmative determinations 

of circumvention and the Orders,22 all 

unliquidated entries for which these 

requirements were not met and require 

the importer to post applicable AD and 

CVD cash deposits equal to the rates 

noted above. 

Administrative Protective Order 

This notice will serve as the only 

reminder to all parties subject to an 

administrative protective order (APO) of 

their responsibility concerning the 

destruction of proprietary information 

disclosed under an APO in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of return/ 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and the terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

These determinations are issued and 

published in accordance with section 

781(b) of the Act and 19 CFR 

351.226(g)(2). 

Dated: August 17, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

APPENDICES

Appendix 

No. Appendix name 

I ................... List of Topics Discussed in the 

Issues and Decision Memoranda 

II .................. List of Companies to Which 

Commerce Applied AFA 

III ................. List of Companies Found Not 

To Be Circumventing 

IV ................. Certification for ‘‘Applicable 

Entries’’ 

V .................. Certification for Entries of Inquiry Merchandise From 

Companies Found Not To 

Be Circumventing 

VI ................. Certification Regarding Chinese Components 

Appendix I 

List of Topics Discussed in the Issues and 

Decision Memoranda 

Cambodia 

I. Summary 

II. Background 

III. Merchandise Subject to the Scope Inquiry 

IV. Scope of the Orders 

V. Regulatory Framework for Scope Inquiry 

VI. Interested Party Scope Comments 

VII. Scope Determination 

VIII. Scope of the Circumvention Inquiry 

IX. Period of the Circumvention Inquiry 


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X. Changes Since the Preliminary 

Determination 

XI. Discussion of the Issues 

Comment 1. Whether Solar Cells With a p/ 

n Junction Formed Outside of China 

Should Be Subject to the Circumvention 

Inquiries 

Comment 2. Whether a Wafer Should Be 

Considered a Chinese Input Where 

Either the Wafer or the Polysilicon in the 

Wafer was Produced Outside of China 

Comment 3. Whether Commerce Should 

Analyze Investment Data on a Per-Unit 

Basis 

Comment 4. Whether to Depart from the 

Section 781(b)(2) ‘‘Minor or 

Insignificant’’ Methodology Applied in 

the Preliminary Determinations 

Comment 5. Whether the Nature of ThirdCountry Processing Indicates the 

Processing is Minor or Insignificant 

Under Section 781(b)(2)(C) of the Act 

Comment 6. How to Value U.S. Imports of 

Solar Cells and Modules for Purposes of 

Section 781(b)(2)(E) of the Act 

Comment 7. Whether Material Costs 

Should be Included in the Value of 

Third-Country Processing 

Comment 8. Whether Commerce Should 

Rely on Surrogates To Value Chinese 

Inputs Consumed in the Inquiry Country 

Comment 9. Whether Commerce Should 

Apply AFA to NE Solar 

Comment 10. Whether NE Solar’s 

Production Process Data Support a 

Negative Final Determination 

Comment 11. Whether To Include BYD 

HK’s Tollers in Determining Whether the 

Process of Assembly or Completion is 

Minor or Insignificant 

Comment 12. Whether BYD HK’s Process 

of Assembly in Cambodia is Minor or 

Insignificant Under Section 781(b)(1)(C) 

of the Act 

Comment 13. Whether the Factors Under 

781(b)(3) of the Act Justify an 

Affirmative Final Determination 

Comment 14. Whether Commerce’s 

Country-Wide Affirmative 

Circumvention Determination was 

Appropriate 

Comment 15. Affirmative Circumvention 

Determinations Would not be 

Appropriate Under Section 781(b)(1)(E) 

of the Act 

Comment 16. Whether Commerce Should 

Allow AFA Companies To Certify 

Comment 17. Certification Requirements 

and Corrections 

Comment 18. Whether Commerce Can 

Require Certifications for U.S. Entries of 

Merchandise Not Covered by the Orders 

Comment 19. Whether Exporters and 

Importers Should be Permitted To 

Submit Multiple Certifications, as 

Applicable 

Comment 20. Whether or Not Companies 

Found Not To Be Circumventing Should 

Be Required To Certify and To Identify 

Their Wafer Suppliers 

Comment 21. Whether Commerce Should 

Reconsider Certification Eligibility in 

Changed Circumstances Reviews 

Comment 22. Whether Cadmium Telluride 

Thin Film Solar Products are Covered by 

Affirmative Final Determinations or 

Related Certification Requirements 

Comment 23. Clarification and 

Enforcement of the Utilization 

Requirement 

Comment 24. Whether the ‘‘Wafer-PlusThree’’ Requirement is Appropriate 

Comment 25. Whether Commerce Properly 

Placed Ex Parte Memoranda on the 

Record That Concerned the 

Circumvention Inquiries 

Comment 26. Whether Commerce’s 

Determination To Apply Presidential 

Proclamation 10414 Retroactively is 

Contrary to Law 

Comment 27. Whether Third-Country 

Exporters Without an AD Rate Should 

Receive the Separate Rate 

XII. Recommendation 

Malaysia 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Scope of the Circumvention Inquiry 

V. Period of the Circumvention Inquiry 

VI. Changes Since the Preliminary 

Determination 

VII. Discussion of the Issues 

Comment 1. Whether Solar Cells With a p/ 

n Junction Formed Outside of China 

Should Be Subject to Circumvention 

Inquiries 

Comment 2. Whether a Wafer Should Be 

Considered a Chinese Input Where 

Either the Wafer or the Polysilicon in the 

Wafer was Produced Outside of China. 

Comment 3. Whether Commerce Should 

Analyze Investment Data on a Per-Unit 

Basis 

Comment 4. Whether To Depart From the 

Section 781(b)(2) ‘‘Minor or 

Insignificant’’ Methodology Applied in 

the Preliminary Determinations 

Comment 5. Whether the Nature of ThirdCountry Processing Indicates the 

Processing is Minor or Insignificant 

Under Section 781(b)(2)(C) of the Act 

Comment 6. Whether Material Costs 

Should be Included in the Value of 

Third-Country Processing 

Comment 7. Whether Commerce Should 

Correct Certain Ministerial Errors and 

Minor Verification Corrections 

Comment 8. Whether Jinko’s Cell and 

Module Manufacturing is Minor or 

Insignificant Under Section 781(b)(1)(C) 

of the Act 

Comment 9. Whether Hanwha’s Cell and 

Module Manufacturing is Minor or 

Insignificant under Section 781(b)(1)(C) 

of the Act 

Comment 10. Whether Hanwha’s 

Shipments of Chinese Inputs Weighs in 

Favor of Circumvention Under Section 

781(b)(3)(C) of the Act 

Comment 11. Whether Commerce’s 

Country-Wide Affirmative 

Circumvention Determination Was 

Appropriate 

Comment 12. Affirmative Circumvention 

Determinations Would Not Be 

Appropriate Under Section 781(b)(1)(E) 

of the Act 

Comment 13. Whether Commerce Should 

Allow AFA Companies To Certify 

Comment 14. Certification Requirements 

and Corrections 

Comment 15. Whether Commerce Can 

Require Certifications for U.S. Entries of 

Merchandise Not Covered by the Orders 

Comment 16. Whether Exporters and 

Importers Should be Permitted To 

Submit Multiple Certifications, as 

Applicable 

Comment 17. Whether or Not Companies 

Found Not To Be Circumventing Should 

be Required To Certify and To Identify 

Their Wafer Suppliers 

Comment 18. Whether Commerce Should 

Reconsider Certification Eligibility in 

Changed Circumstances Reviews 

Comment 19. Whether Cadmium Telluride 

Thin Film Solar Products are Covered by 

Affirmative Final Determinations or 

Related Certification Requirements 

Comment 20. Clarification and 

Enforcement of the Utilization 

Requirement 

Comment 21. Whether the ‘‘Wafer-PlusThree’’ Requirement is Appropriate 

Comment 22. Whether Commerce Properly 

Placed Ex Parte Memoranda on the 

Record That Concerned the 

Circumvention Inquiries 

Comment 23. Whether Commerce’s 

Determination to Apply Presidential 

Proclamation 10414 Retroactively is 

Contrary to Law 

Comment 24. Whether Third-Country 

Exporters Without an AD Rate Should 

Receive the Separate Rate 

VIII. Recommendation 

Thailand 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Scope of the Circumvention Inquiry 

V. Period of the Circumvention Inquiry 

VI. Changes Since the Preliminary 

Determination 

VII. Discussion of the Issues 

Comment 1. Whether Solar Cells With a p/ 

n Junction Formed Outside of China 

Should Be Subject to Circumvention 

Inquiries 

Comment 2. Whether a Wafer Should Be 

Considered a Chinese Input Where 

Either the Wafer or the Polysilicon in the 

Wafer was Produced Outside of China. 

Comment 3. Whether Commerce Should 

Analyze Investment Data on a Per-Unit 

Basis 

Comment 4. Whether To Depart from the 

Section 781(b)(2) ‘‘Minor or 

Insignificant’’ Methodology Applied in 

the Preliminary Determinations 

Comment 5. How to Value U.S. Imports of 

Solar Cells and Modules for Purposes of 

Section 781(b)(2)(E) of the Act 

Comment 6. Whether Material Costs 

Should Be Included in the Value of 

Third-Country Processing 

Comment 7. Whether Commerce Should 

Rely on Surrogates To Value Chinese 

Inputs Consumed in the Inquiry Country 

Comment 8. Whether Third Country 

Processing was Minor-General 

Comment 9. Whether the Factors Under 

781(b)(3) of the Act Justify an 

Affirmative Final Determination 

Comment 10. Affirmative Circumvention 

Determinations Would Not Be 


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Appropriate Under Section 781(b)(1)(E) 

of the Act 

Comment 11. Whether Commerce Should 

Allow AFA Companies To Certify 

Comment 12. Certification Requirements 

and Corrections 

Comment 13. Whether Commerce Can 

Require Certifications for U.S. Entries of 

Merchandise Not Covered by the Orders 

Comment 14. Whether Exporters and 

Importers Should Be Permitted To 

Submit Multiple Certifications, as 

Applicable 

Comment 15. Whether or Not Companies 

Found Not To Be Circumventing Should 

be Required to Certify and to Identify 

Their Wafer Suppliers 

Comment 16. Whether Commerce Should 

Reconsider Certification Eligibility in 

Changed Circumstances Reviews 

Comment 17. Whether Cadmium Telluride 

Thin Film Solar Products are Covered by 

Affirmative Final Determinations or 

Related Certification Requirements 

Comment 18. Clarification and 

Enforcement of the Utilization 

Requirement 

Comment 19. Whether the ‘‘Wafer-PlusThree’’ Requirement is Appropriate 

Comment 20. Whether Commerce Properly 

Placed Ex Parte Memoranda on the 

Record That Concerned the 

Circumvention Proceedings 

Comment 21. Whether Commerce’s 

Determination To Apply Presidential 

Proclamation 10414 Retroactively is 

Contrary to Law 

Comment 22. Whether Third-Country 

Exporters Without an AD Rate Should 

Receive the Separate Rate 

VIII. Recommendation 

Vietnam 

I. Summary 

II. Background 

III. Scope of the Orders 

IV. Scope of the Circumvention Inquiry 

V. Period of the Circumvention Inquiry 

VI. Changes Since the Preliminary 

Determination 

VII. Discussion of the Issues 

Comment 1. Whether Solar Cells With a p/ 

n Junction Formed Outside of China 

Should Be Subject to Circumvention 

Inquiries 

Comment 2. Whether a Wafer Should Be 

Considered a Chinese Input Where 

Either the Wafer or the Polysilicon in the 

Wafer was Produced Outside of China. 

Comment 3. Whether Commerce Should 

Analyze Investment Data on a Per-Unit 

Basis 

Comment 4. Whether To Depart From the 

Section 781(b)(2) ‘‘Minor or 

Insignificant’’ Methodology Applied in 

the Preliminary Determinations 

Comment 5. How To Value U.S. Imports of 

Solar Cells and Modules for Purposes of 

Section 781(b)(2)(E) of the Act 

Comment 6. Whether Material Costs 

Should Be Included in the Value of 

Third-Country Processing 

Comment 7. Whether Third Country 

Processing was Minor-General 

Comment 8. Whether VSUN Is Eligible to 

Participate in the Certification Program 

Comment 9. Whether Commerce’s 

Rejection of Red Sun Q&V Submission 

was Proper 

Comment 10. Whether Commerce Should 

Base Surrogate Financial Ratios on 

Websol Energy’s Financial Statements 

Comment 11. Whether Commerce’s 

Country-Wide Affirmative 

Circumvention Determination 

Appropriate 

Comment 12. Affirmative Circumvention 

Determinations Would not Be 

Appropriate Under Section 781(b)(1)(E) 

of the Act 

Comment 13. Whether Commerce Should 

Allow AFA Companies to Certify 

Comment 14. Whether Commerce Should 

Allow Vina’s Affiliates to Certify 

Comment 15. Certification Requirements 

and Corrections 

Comment 16. Whether Commerce Can 

Require Certifications for U.S. Entries of 

Merchandise Not Covered by the Orders 

Comment 17. Whether Exporters and 

Importers Should be Permitted to Submit 

Multiple Certifications, as Applicable 

Comment 18. Whether or Not Companies 

Found Not to Be Circumventing Should 

be Required to Certify and to Identify 

Their Wafer Suppliers 

Comment 19. Whether Commerce Should 

Reconsider Certification Eligibility in 

Changed Circumstances Reviews 

Comment 20. Whether Cadmium Telluride 

Thin Film Solar Products are Covered by 

Affirmative Final Determinations or 

Related Certification Requirements 

Comment 21. Clarification and 

Enforcement of the Utilization 

Requirement 

Comment 22. Whether the ‘‘Wafer-PlusThree’’ Requirement is Appropriate 

Comment 23. Whether Commerce Properly 

Placed Ex Parte Memoranda on the 

Record That Concerned the 

Circumvention Proceedings 

Comment 24. Whether Commerce’s 

Determination To Apply Presidential 

Proclamation 10414 Retroactively is 

Contrary to Law 

Comment 25. Whether Third-Country 

Exporters Without an AD Rate Should 

Receive the Separate Rate 

VIII. Recommendation 

Appendix II—List of Companies to 

Which Commerce Applied AFA 

Cambodia 

1. New East Solar Energy (Cambodia) Co., 

Ltd. 

Malaysia 

1. AMC Cincaria Sdn Bhd 

2. Flextronic Shah Alam Sdn. Bhd. 

3. Funing Precision Component Co., Ltd. 

4. Samsung Sds Malaysia Sdn. Bhd. 

5. Vina Solar Technology Co., Ltd. 

Thailand 

1. Celestica (Thailand) Limited 

2. Green Solar Thailand Co., Ltd. 

3. Lightup Creation CO., Ltd. 

4. Thai Master Frame Co., Ltd. 

5. Three Arrows (Thailand) Co., Ltd. 

6. Yuan Feng New Energy 

7. Solar PPM. 

8. Sunshine Electrical Energy Co., Ltd. 

Vietnam 

1. Cong Ty Co Phan Cong Nghe Nang (Global 

Energy) 

2. GCL System Integration Technology 

3. Green Wing Solar Technology Co., Ltd. 

4. HT Solar Vietnam Limited Company 

5. Irex Energy Joint Stock Company 

6. S-Solar Viet Nam Company Limited 

7. Venergy Solar Industry Company 

8. Red Sun Energy Co., Ltd. 

9. Vina Solar Technology Co., Ltd. 

Appendix III—List of Companies Found 

Not To Be Circumventing 

Malaysia 

1. Hanwha Q CELLS Malaysia Sdn. Bhd. 

2. Jinko Solar Technology Sdn. Bhd./Jinko 

Solar (Malaysia) Sdn. Bhd. 

Vietnam 

1. Boviet Solar Technology Co., Ltd. 

Appendix IV 

Certification for ‘‘Applicable Entries’’ Under 

19 CFR Part 362 Importer Certification 

I hereby certify that: 

(A) My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

(B) I have direct personal knowledge of the 

facts regarding importation of the solar cells 

and solar modules produced in {SELECT 

ONE OF THE FOLLOWING COUNTRIES: 

KINGDOM OF CAMBODIA, MALAYSIA, 

THE KINGDOM OF THAILAND, OR THE 

SOCIALIST REPUBLIC OF VIETNAM } 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} on 

behalf of {NAME OF U.S. CUSTOMER}, 

located at {ADDRESS OF U.S. CUSTOMER}. 

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} 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}, located at {U.S. 

ADDRESS TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(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., 


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correspondence received by the importer (or 

exporter) from the producer of the imported 

products regarding production). 

(F) The imported solar cells and/or solar 

modules covered by this certification: 

1. Were produced in {SELECT ONE OF 

THE FOLLOWING COUNTRIES: KINGDOM 

OF CAMBODIA, MALAYSIA, THE 

KINGDOM OF THAILAND, OR THE 

SOCIALIST REPUBLIC OF VIETNAM} using 

parts and components manufactured in the 

People’s Republic of China; 

2. Were exported to the United States from 

{SELECT ONE OF THE FOLLOWING 

COUNTRIES: KINGDOM OF CAMBODIA, 

MALAYSIA, THE KINGDOM OF 

THAILAND, OR THE SOCIALIST REPUBLIC 

OF VIETNAM} without further assembly in 

another country; 

3. Absent the affirmative determination of 

circumvention, are not covered by the 

antidumping duty or countervailing duty 

orders on crystalline silicon photovoltaic 

cells, whether or not assembled into 

modules, from the People’s Republic of 

China; 

4. Are not covered by the antidumping 

duty order on certain crystalline silicon 

photovoltaic products from Taiwan; 

5. Were entered into the United States, or 

were withdrawn from warehouse, for 

consumption before 06/06/2024, or before the 

date the emergency described in Presidential 

Proclamation 10414 is terminated, whichever 

occurs first; and 

6. If entered, or withdrawn from 

warehouse, after November 15, 2022, the 

solar cells and/or solar modules will be 

utilized in the United States by no later than 

180 days after the earlier of 06/06/2024, or 

the date the emergency described in 

Presidential Proclamation 10414 is 

terminated. Utilized means the solar cells or 

solar modules will be used or installed in the 

United States. Solar cells or solar modules 

which remain in inventory or in a warehouse 

in the United States, are resold to another 

party, are subsequently exported, or are 

destroyed after importation are not 

considered utilized. 

(G) 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: 

Foreign Seller’s Address: 

Foreign Seller’s Invoice #: 

Applicable Line Item # on the Foreign 

Seller’s Invoice: 

Producer: 

Producer’s Address: 

(H) I understand that {NAME OF 

IMPORTING COMPANY} 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. 

(I) I understand that {NAME OF 

IMPORTING COMPANY} 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. 

(J) I understand that {NAME OF 

IMPORTING COMPANY} is required to 

provide U.S. Customs and Border Protection 

(CBP) and/or the U.S. Department of 

Commerce (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. 

(K) I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

(L) 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 not ‘‘Applicable 

Entries.’’ I understand that such a finding 

may 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. 

(M) I understand that agents of the 

importer, such as brokers, are not permitted 

to make this certification. 

(N) 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. 

(O) 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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

Exporter Certification 

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} and I am an official of {NAME OF 

FOREIGN COMPANY THAT MADE THE 

SALE TO THE UNITED STATES}, located at 

{ADDRESS OF FOREIGN COMPANY THAT 

MADE THE SALE TO THE UNITED 

STATES}; 

(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}, located at {U.S. ADDRESS 

TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(D) The solar cells and/or solar modules 

covered by this certification: 

1. Were produced in {SELECT ONE OF 

THE FOLLOWING COUNTRIES: KINGDOM 

OF CAMBODIA, MALAYSIA, THE 

KINGDOM OF THAILAND, OR THE 

SOCIALIST REPUBLIC OF VIETNAM} using 

parts and components manufactured in the 

People’s Republic of China; 

2. Were exported to the United States from 

{SELECT ONE OF THE FOLLOWING 

COUNTRIES: KINGDOM OF CAMBODIA, 

MALAYSIA, THE KINGDOM OF 

THAILAND, OR THE SOCIALIST REPUBLIC 

OF VIETNAM} without further assembly in 

another country; 

3. Absent the affirmative determination of 

circumvention, are not covered by the 

antidumping duty or countervailing duty 

orders on crystalline silicon photovoltaic 

cells, whether or not assembled into 

modules, from the People’s Republic of 

China; and 

4. Are not covered by the antidumping 

duty order on certain crystalline silicon 

photovoltaic products from Taiwan. 

(E) This certification applies to the 

following sales to {NAME OF U.S. 

CUSTOMER}, located at {ADDRESS OF U.S. 

CUSTOMER} (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: 

Producer Name: 

Producer’s Address: 

Invoice # of the Producer’s Invoice to the 

Foreign Seller (if the foreign seller and the 

producer are the same party, report ‘‘NA’’ 

here): 

(F) I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} is required to 

maintain a copy of this certification and 

sufficient documentation supporting this 

certification (i.e., documents maintained in 


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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. 

(G) I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} 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 

the U.S. Department of Commerce 

(Commerce) with a copy of this certification, 

and any supporting documents, upon the 

request of either agency. 

(H) I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

(I) 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 was not entered into the United States 

in ‘‘Applicable Entries.’’ I understand that 

such a finding may 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. 

(J) I understand that agents of the seller/ 

exporter, such as freight forwarding 

companies or brokers, are not permitted to 

make this certification. 

(K) 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. 

(L) 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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

Appendix V 

Certification for Entries of Inquiry 

Merchandise From Companies Found Not To 

Be Circumventing 

Company Name: Boviet Solar Technology 

Co., Ltd. 

Importer Certification 

I hereby certify that: 

(A) My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

(B) I have direct personal knowledge of the 

facts regarding importation of the solar cells 

and solar modules produced in Vietnam 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} on 

behalf of {NAME OF U.S. CUSTOMER}, 

located at {ADDRESS OF U.S. CUSTOMER}. 

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} 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}, located at {U.S. 

ADDRESS TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(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 Boviet Solar 

Technology Co., Ltd. 

2. Exported to the United States by Boviet 

Solar Technology Co., Ltd. 

3. Produced in Vietnam by Boviet Solar 

Technology Co., Ltd., using wafers 

manufactured in the People’s Republic of 

China that were exported to Vietnam by 

Ningbo Kyanite International Trade Co., Ltd. 

(G) The U.S. Department of Commerce 

(Commerce) found that solar cells and/or 

solar modules produced by Boviet Solar 

Technology Co., Ltd., using wafers 

manufactured in China that were exported by 

the wafer supplier listed in item F above, and 

exported by Boviet Solar Technology Co., 

Ltd. 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} 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} 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} 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. 


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(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 llllllllllllllll

NAME OF COMPANY OFFICIAL 

TITLE OF COMPANY OFFICIAL 

Date llllllllllllllllll

Exporter Certification 

Certification for Entries of Inquiry 

Merchandise From Companies Found Not To 

Be Circumventing 

Company Name: Boviet Solar Technology 

Co., Ltd. 

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} and I am an official of Boviet Solar 

Technology Co., Ltd., located at B5, B6, Song 

Khe Industrial Zone, Noi Hoang District Bac 

Giang Province, Vietnam; 

(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}, located at {U.S. ADDRESS 

TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(D) The solar cells and/or solar modules 

covered by this certification were: 

1. Sold to the United States by Boviet Solar 

Technology Co., Ltd. 

2. Exported to the United States by Boviet 

Solar Technology Co., Ltd. 

3. Produced in Vietnam by Boviet Solar 

Technology Co., Ltd. using wafers 

manufactured in the People’s Republic of 

China (China) that were exported to Vietnam 

by Ningbo Kyanite International Trade Co., 

Ltd. 

(E) The U.S. Department of Commerce 

(Commerce) found that solar cells and/or 

solar modules produced by Boviet Solar 

Technology Co., Ltd., using wafers 

manufactured in China that were exported by 

the wafer supplier listed in item D above, and 

exported by Boviet Solar Technology Co., 

Ltd. 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}, located at {ADDRESS OF U.S. 

CUSTOMER} (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 Boviet Solar 

Technology Co., Ltd. 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 Boviet Solar 

Technology Co., Ltd. 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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

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} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

(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} on 

behalf of {NAME OF U.S. CUSTOMER}, 

located at {ADDRESS OF U.S. CUSTOMER}. 

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} 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}, located at {U.S. 

ADDRESS TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(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: 


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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} (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} 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} 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} 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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

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} and I am an official of {NAME OF 

COMPANY}, located at {ADDRESS OF 

COMPANY}. 

(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}, located at {U.S. ADDRESS 

TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(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} (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}, located at {ADDRESS OF U.S. 

CUSTOMER} (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 


lotter on DSK11XQN23PROD with NOTICES1
57430 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 

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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

Certification for Entries of Inquiry 

Merchandise From Companies Found Not To 

Be Circumventing 

Company Name: Jinko Solar Technology 

Sdn. Bhd.; and Jinko Solar (Malaysia) Sdn. 

Bhd. 

Importer Certification 

I hereby certify that: 

(A) My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

(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} on 

behalf of {NAME OF U.S. CUSTOMER}, 

located at {ADDRESS OF U.S. CUSTOMER}. 

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} 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}, located at {U.S. 

ADDRESS TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(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 Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd. 

2. Exported to the United States by Jinko 

Solar Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd. 

3. Produced in Malaysia by Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(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} 

Jinko Solar Co., Ltd.

Jinko Solar Import and Export Co., Ltd.

Jinko Solar (Chuzhou) Co., Ltd.

Jinko Solar (Shangrao) Co., Ltd.

Yuhuan Jinko Solar Co., Ltd.

JINKOSOLAR MIDDLE EAST DMCC.

(G) The U.S. Department of Commerce 

(Commerce) found that solar cells and/or 

solar modules produced by Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd., using wafers 

manufactured in China that were exported by 

the wafer supplier(s) identified in item F 

above, and exported by Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(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} 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} 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} 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 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 57431 

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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

Exporter Certification 

Certification for Entries of Inquiry 

Merchandise From Companies Found Not To 

Be Circumventing 

Company Name: Jinko Solar Technology 

Sdn. Bhd.; and Jinko Solar (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} and I am an official of {NAME OF 

COMPANY}, located at {ADDRESS OF 

COMPANY}. 

(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}, located at {U.S. ADDRESS 

TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(D) The solar cells and/or solar modules 

covered by this certification were: 

1. Sold to the United States by Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd. 

2. Exported to the United States by Jinko 

Solar Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd. 

3. Produced in Malaysia by Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(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} 

Jinko Solar Co., Ltd.

Jinko Solar Import and Export Co., Ltd.

Jinko Solar (Chuzhou) Co., Ltd.

Jinko Solar (Shangrao) Co., Ltd.

Yuhuan Jinko Solar Co., Ltd.

JINKOSOLAR MIDDLE EAST DMCC.

(E) The U.S. Department of Commerce 

(Commerce) found that solar cells and/or 

solar modules produced by Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd., using wafers 

manufactured in China that were exported by 

the wafer supplier(s) identified in item D 

above, and exported by Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(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}, located at {ADDRESS OF U.S. 

CUSTOMER} (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 Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd. are 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 Jinko Solar 

Technology Sdn. Bhd. or Jinko Solar 

(Malaysia) Sdn. Bhd. are 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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

Appendix VI 

Certification Regarding Chinese Components 

Importer Certification 

I hereby certify that: 

(A) My name is {IMPORTING COMPANY 

OFFICIAL’S NAME} and I am an official of 

{NAME OF IMPORTING COMPANY}, 

located at {ADDRESS OF IMPORTING 

COMPANY}. 

(B) I have direct personal knowledge of the 

facts regarding importation of the solar cells 

and solar modules produced in {COUNTRY} 

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} on 

behalf of {NAME OF U.S. CUSTOMER}, 

located at {ADDRESS OF U.S. CUSTOMER}. 

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} 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}, located at {U.S. 

ADDRESS TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(E) I have personal knowledge of the facts 

regarding the production and exportation of 

the solar cells and modules identified below. 


lotter on DSK11XQN23PROD with NOTICES1
57432 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 

‘‘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) If the imported products covered by 

this certification are solar cells that are not 

in solar modules or products that contain 

solar cells that are not in a solar module, then 

the importer certifies that the solar cells 

produced in {COUNTRY} that are covered by 

this certification were not manufactured 

using wafers produced in China, regardless of 

whether sourced directly from a Chinese 

producer or from a downstream supplier. 

(G) If the imported products covered by 

this certification are solar modules or 

products that contain solar modules, then the 

importer certifies that the solar modules 

produced in {COUNTRY} that are covered by 

this certification were not manufactured 

using wafers produced in China, regardless of 

whether sourced directly from a Chinese 

producer or from a downstream supplier, or 

the solar modules produced in {COUNTRY} 

that are covered by this certification were 

manufactured using wafers produced in 

China but no more than two of the following 

inputs that were used to manufacture the 

solar modules were produced in China, 

regardless of whether sourced directly from 

a Chinese producer or from a Chinese 

downstream supplier: 

a. Silver Paste 

b. Aluminum Frames 

c. Glass 

d. Backsheets 

e. Ethylene-Vinyl Acetate 

f. Junction Boxes 

(H) The solar cells and/or solar modules 

covered by this certification: (a) absent the 

affirmative determination of circumvention, 

are not covered by the antidumping duty or 

countervailing duty orders on crystalline 

silicon photovoltaic cells, whether or not 

assembled into modules, from the People’s 

Republic of China; and (b) are not covered by 

the antidumping duty order on certain 

crystalline silicon photovoltaic products 

from Taiwan. 

(I) 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: 

Foreign Seller’s Address: 

Foreign Seller’s Invoice #: 

Applicable Line Item # on the Foreign 

Seller’s Invoice: 

Producer: 

Producer’s Address: 

(J) I understand that {NAME OF 

IMPORTING COMPANY} 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. 

(K) I understand that {NAME OF 

IMPORTING COMPANY} 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. 

(L) I understand that {NAME OF 

IMPORTING COMPANY} is required to 

provide U.S. Customs and Border Protection 

(CBP) and/or the U.S. Department of 

Commerce (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. 

(M) I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

(N) 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. 

(O) I understand that agents of the 

importer, such as brokers, are not permitted 

to make this certification. 

(P) 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. 

(Q) 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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

Exporter Certification 

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} and I am an official of {NAME OF 

FOREIGN COMPANY THAT MADE THE 

SALE TO THE UNITED STATES}, located at 

{ADDRESS OF FOREIGN COMPANY THAT 

MADE THE SALE TO THE UNITED 

STATES}; 

(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}, located at {U.S. ADDRESS 

TO WHICH MERCHANDISE WAS 

SHIPPED}. 

(D) If the exported products covered by this 

certification are solar cells that are not in 

solar modules or products that contains solar 

cells that are not in a solar module, then the 

seller certifies that the solar cells produced 

in {COUNTRY} that are covered by this 

certification were not manufactured using 

wafers produced in China, regardless of 

whether sourced directly from a Chinese 

producer or from a downstream supplier. 

(E) If the exported products covered by this 

certification are solar modules or products 

that contain solar modules, then the seller 

certifies that the solar modules produced in 

{COUNTRY} that are covered by this 

certification were not manufactured using 

wafers produced in China, regardless of 

whether sourced directly from a Chinese 

producer or from a downstream supplier, or 

the solar modules produced in {COUNTRY} 

that are covered by this certification were 

manufactured using wafers produced in 

China but no more than two of the following 

inputs that were used to manufacture the 

solar modules were produced in China, 

regardless of whether sourced directly from 

a Chinese producer or from a Chinese 

downstream supplier: 

a. Silver Paste 

b. Aluminum Frames 

c. Glass 

d. Backsheets 

e. Ethylene-Vinyl Acetate 

f. Junction Boxes 

(F) The solar cells and/or solar modules 

covered by this certification: (a) absent the 

affirmative determination of circumvention, 

are not covered by the antidumping duty or 

countervailing duty orders on crystalline 

silicon photovoltaic cells, whether or not 

assembled into modules, from the People’s 

Republic of China; and (b) are not covered by 

the antidumping duty order on certain 

crystalline silicon photovoltaic products 

from Taiwan. 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 57433 

1Brooklyn Bedding; Carpenter Co.; Corsicana 

Mattress Company; Future Foam Inc.; FXI, Inc.; 

Kolcraft Enterprises Inc.; Leggett & Platt, 

Incorporated; Serta Simmons Bedding Inc.; 

Southerland, Inc.; Tempur Sealy International; the 

International Brotherhood of Teamsters; and the 

United Steel, Paper and Forestry, Rubber, 

Manufacturing, Energy, Allied Industrial and 

Service Workers International Union (collectively, 

the petitioners). 

2See Petitioners’ Letter, ‘‘Mattresses from Bosnia 

and Herzegovina, Bulgaria, Burma, India, Indonesia, 

Italy, Kosovo, Mexico, Philippines, Poland, 

Slovenia, Spain and Taiwan: Antidumping and 

Countervailing Duty Petitions,’’ dated July 28, 2023 

(Petitions). 

3 Id. 

4See Commerce’s Letters, ‘‘Petitions for the 

Imposition of Antidumping Duties on Imports of 

Mattresses from Bosnia and Herzegovina, Bulgaria, 

Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Slovenia, Spain, and Taiwan and 

Countervailing Duties on Imports from Indonesia: 

Supplemental Questions,’’ dated August 1, 2023 

(General Issues Supplemental); Country-Specific 

Supplemental Questionnaires: Bosnia 

Supplemental; Bulgaria Supplemental; Burma 

Supplemental; Burma Supplemental; India 

Supplemental; Italy Supplemental; Kosovo 

Supplemental; Mexico Supplemental; the 

Philippines Supplemental; Slovenia Supplemental; 

Spain Supplemental; and Taiwan Supplemental, 

dated August 1, 2023; ‘‘Petitions for the Imposition 

of Antidumping Duties on Imports of Mattresses 

from Bosnia and Herzegovina, Bulgaria, Burma, 

India, Italy, Kosovo, Mexico, the Philippines, 

Slovenia, Spain, and Taiwan and Countervailing 

Duties on Imports from Indonesia: Supplemental 

Questions,’’ dated August 8, 2023 (Second General 

Issues Supplemental); see also Memoranda, ‘‘Phone 

Call with Counsel to the Petitioners,’’ dated August 

9, 2023. 

5See Petitioners’ Letters, ‘‘Mattresses from Bosnia 

and Herzegovina, Bulgaria, Burma, India, Italy, 

Kosovo, Mexico, Philippines, Slovenia, Spain, and 

Taiwan: Responses to Petition Supplemental 

Questionnaires,’’ dated August 7, 2023, at Volume 

I (First General Issues Supplement) and Volume II 

(Country-Specific AD Supplements); ‘‘Mattresses 

from Bosnia and Herzegovina, Bulgaria, Burma, 

India, Italy, Kosovo, Mexico, Philippines, Slovenia, 

Continued 

(G) This certification applies to the 

following sales to {NAME OF U.S. 

CUSTOMER}, located at {ADDRESS OF U.S. 

CUSTOMER} (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: 

Producer Name: 

Producer’s Address: 

Invoice # of the Producer’s Invoice to the 

Foreign Seller (if the foreign seller and the 

producer are the same party, report ‘‘NA’’ 

here): 

(H) I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} 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. 

(I) I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} 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 

the U.S. Department of Commerce 

(Commerce) with a copy of this certification, 

and any supporting documents, upon the 

request of either agency. 

(J) I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

(K) 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. 

(L) I understand that agents of the seller/ 

exporter, such as freight forwarding 

companies or brokers, are not permitted to 

make this certification. 

(M) 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. 

(N) 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 llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

[FR Doc. 2023–18161 Filed 8–22–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–893–002, A–487–001, A–546–001, A–533– 

919, A–475–845, A–803–001, A–201–859, A– 

565–804, A–455–807, A–856–002, A–469– 

826, A–583–873] 

Mattresses From Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan: 

Initiation of Less-Than-Fair-Value 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable August 17, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Amaris Wade (Bosnia and Herzegovina), 

TJ Worthington (Bulgaria), Paul Gill 

(Burma), Steven Seifert (India), Caroline 

Carroll (Italy), Sean Carey (Kosovo), 

Benjamin Blythe (Mexico), Emily Halle 

(the Philippines), Dakota Potts (Poland), 

Benjamin A. Luberda (Slovenia), 

Matthew Palmer (Spain), and Paul Gill 

(Taiwan), AD/CVD Operations, Offices 

II, III, IV, V, VII, and IX, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–6334, (202) 482–4567, (202) 

482–5673, (202) 482–3350, (202) 482– 

4948, (202) 482–3964, (202) 482–3457, 

(202) 482–0176, (202) 482–0223, (202) 

482–2185, (202) 482–1678, and (202) 

482–5673, respectively. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On July 28, 2023, the U.S. Department 

of Commerce (Commerce) received 

antidumping duty (AD) petitions 

concerning imports of mattresses from 

Bosnia and Herzegovina, Bulgaria, 

Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, 

and Taiwan, filed in proper form on 

behalf of the petitioners,1 U.S. 

producers of mattresses and certified 

unions that represent workers engaged 

in the domestic production of 

mattresses.2 These AD petitions were 

accompanied by a countervailing duty 

(CVD) petition concerning imports of 

mattresses from Indonesia.3

On August 1, 8, and 9, 2023, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions.4 Additionally, on 

August 7, 9, and 10, 2023, the 

petitioners filed timely responses to 

these requests for additional 

information.5


lotter on DSK11XQN23PROD with NOTICES1