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

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Notice of Final 
Results of Changed Circumstances Reviews

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

SUMMARY: On June 26, 2024, the U.S. Department of Commerce (Commerce) 
published the preliminary results of the changed circumstances reviews 
(CCR) of the antidumping duty (AD) and countervailing duty (CVD) orders 
on crystalline silicon photovoltaic cells, whether or not assembled 
into modules (solar cells) from the People's Republic of China (China), 
with respect to Hanwha Q CELLS Malaysia Sdn. Bhd. For these final 
results, Commerce continues to find it appropriate to amend the 
Appendix V certification to include the additional wafer suppliers 
identified by Hanwha in its CCR requests.

DATES: Applicable December 12, 2024.

FOR FURTHER INFORMATION CONTACT: Peter Shaw, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0697.

SUPPLEMENTARY INFORMATION:

Background

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

[[Page 100467]]

CELLS Sdn. Bhd. and Hanwha Q Cells USA, Inc. (collectively, Hanwha).\2\ 
We provided all interested parties with an opportunity to comment. On 
July 26, 2024, Hanwha submitted a case brief.\3\ No other interested 
party filed a case or rebuttal brief.
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    \1\ See Antidumping and Countervailing Duty Orders on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Final Scope 
Determination and Final Affirmative Determinations of Circumvention 
with Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR 
57419 (August 23, 2023) (Solar Cells Circumvention), and 
accompanying Malaysia Issues and Decision Memorandum (Malaysia IDM).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Initiation and Preliminary Results of Changed Circumstances Review, 
89 FR 53388 (June 26, 2024) (Preliminary Results).
    \3\ See Hanwha's Letter, ``QCells' Case Brief,'' dated July 26, 
2024 (Hanwha Case Brief).
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Scope of the Orders

    The merchandise covered by these Orders is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.\4\
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    \4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Countervailing Duty Order, 77 FR 73017 (December 7, 2012); see also 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules from the People's Republic of China: Amended Final 
Determination of Sales at Less Than Fair Value, and Antidumping Duty 
Order, 77 FR 73018 (December 7, 2012) (collectively, Orders). On 
March 20, 2024, based on a CCR, Commerce amended the Orders. See 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Final Results of 
Changed Circumstances Reviews, and Revocation of the Antidumping and 
Countervailing Duty Orders, in Part, 89 FR 19809 (March 20, 2024).
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    These Orders cover crystalline silicon photovoltaic cells of 
thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of the Orders.
    Excluded from the scope of the Orders are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS).
    Also excluded from the scope of the Orders are crystalline silicon 
photovoltaic cells, not exceeding 10,000mm\2\ in surface area, that are 
permanently integrated into a consumer good whose function is other 
than power generation and that consumes the electricity generated by 
the integrated crystalline silicon photovoltaic cell. Where more than 
one cell is permanently integrated into a consumer good, the surface 
area for purposes of this exclusion shall be the total combined surface 
area of all cells that are integrated into the consumer good.
    Additionally, excluded from the scope of the Orders are panels with 
surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and 
one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in 
length when measured from panel extrusion), and not exceeding 2.9 
volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no 
panel shall contain an internal battery or external computer peripheral 
ports.
    Also excluded from the scope of the Orders are:
    1. Off grid CSPV panels in rigid form with a glass cover, with the 
following characteristics:
    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
either an 8mm male barrel connector, or a two-port rectangular 
connector with two pins in square housings of different colors;
    (E) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (F) must be in individual retail packaging (for purposes of this 
provision, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport); and
    2. Off grid CSPV panels without a glass cover, with the following 
characteristics:
    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (E) each panel is
    1. permanently integrated into a consumer good;
    2. encased in a laminated material without stitching, or
    3. has all of the following characteristics: (i) the panel is 
encased in sewn fabric with visible stitching, (ii) includes a mesh 
zippered storage pocket, and (iii) includes a permanently attached wire 
that terminates in a female USB-A connector.
    In addition, the following CSPV panels are excluded from the scope 
of the Orders: Off-grid CSPV panels in rigid form with a glass cover, 
with each of the following physical characteristics, whether or not 
assembled into a fully completed off-grid hydropanel whose function is 
conversion of water vapor into liquid water:
    (A) A total power output of no more than 80 watts per panel;
    (B) A surface area of less than 5,000 cm\2\ per panel;
    (C) Do not include a built-in inverter;
    (D) Do not have a frame around the edges of the panel;
    (E) Include a clear glass back panel; and
    (F) Must include a permanently connected wire that terminates in a 
two-port rectangular connector.
    Modules, laminates, and panels produced in a third country from 
cells produced in China are covered by the Orders; however, modules, 
laminates, and panels produced in China from cells produced in a third 
country are not covered by the Orders.
    Additionally excluded from the scope of the Orders are off-grid 
small portable crystalline silicon photovoltaic panels, with or without 
a glass cover, with the following characteristics: (1) a total power 
output of 200 watts or less per panel; (2) a maximum surface area of 
16,000 cm2 per panel; (3) no built-in inverter; (4) an integrated 
handle or a handle attached to the package for ease of carry; (5) one 
or more integrated kickstands for easy installation or angle 
adjustment; and (6) a wire of not less than 3 meters either permanently 
connected or attached to the package that terminates in an 8 mm 
diameter male barrel connector.
    Also excluded from the scope of this Orders are off-grid 
crystalline silicon photovoltaic panels in rigid form with a glass 
cover, with each of the following physical characteristics, whether or 
not assembled into a fully completed off-grid hydropanel whose function 
is conversion of water vapor into liquid water:
    (A) A total power output of no more than 180 watts per panel at 155 
degrees Celsius;
    (B) A surface area of less than 16,000 square centimeters (cm\2\) 
per panel;
    (C) Include a keep-out area of approximately 1,200 cm\2\ around the 
edges of the panel that does not contain solar cells;
    (D) Do not include a built-in inverter;

[[Page 100468]]

    (E) Do not have a frame around the edges of the panel;
    (F) Include a clear glass back panel;
    (G) Must include a permanently connected wire that terminates in a 
two-port rounded rectangular, sealed connector;
    (H) Include a thermistor installed into the permanently connected 
wire before the two-port connector; and
    (I) Include exposed positive and negative terminals at opposite 
ends of the panel, not enclosed in a junction box.
    Merchandise covered by the Orders is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 
8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000, 
8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, 8507.20.8091, 
8541.42.0010, and 8541.43.0010. These HTSUS subheadings are provided 
for convenience and customs purposes; the written description of the 
scope of the Order is dispositive.\5\
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    \5\ See Orders.
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Amendment of the Appendix V Certification

    Hanwha requested that the Appendix V Certification provided for 
Hanwha in the Solar Cells Circumvention be amended to include 
additional unaffiliated wafer suppliers.\6\ See Appendix II for the 
Appendix V Certification.\7\ Commerce is affording business proprietary 
information treatment to the names of the wafer supplier/exporters. For 
a table of the names of the additional wafer suppliers/exporters please 
refer to the proprietary version of this certification on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS).
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    \6\ See Hanwha's Letter, ``Resubmission of Hanwha Q CELLS USA, 
Inc. and Hanwha Q CELLS Malaysia Sdn. Bhd.'s Request for Changed 
Circumstances Review,'' dated May 6, 2024 (Hanwha's CCR Requests).
    \7\ We have afforded business proprietary information (BPI) 
treatment to the names of the wafer exporters. We note that Commerce 
uses the term wafer exporter in our Appendix V certification, and 
here we use the term wafer supplier interchangeably with wafer 
exporter in this context. See Memorandum, ``Final Results of Changed 
Circumstances Reviews--BPI Addendum,'' dated concurrently with this 
notice.
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Analysis of Comments Received

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

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

Application of the Final Results of CCR

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

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

Administrative Protective Order

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

Notification to Interested Parties

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

[[Page 100469]]

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

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

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

Appendix II

Amended Appendix V Certification

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.

Importer Certification

    I hereby certify that:
    (A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time}  and I 
am an official of {NAME OF IMPORTING COMPANY{time} , located at 
{ADDRESS OF IMPORTING COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding 
importation of the solar cells and solar modules produced in 
Malaysia that were entered into the Customs territory of the United 
States under the entry summary number(s) identified below which are 
covered by this certification. ``Direct personal knowledge'' refers 
to the facts the certifying party is expected to have in its own 
records. For example, the importer should have direct personal 
knowledge of the exporter and/or seller's identity and location.
    (C) If the importer is acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    The solar cells and/or solar modules covered by this 
certification were imported by {NAME OF IMPORTING COMPANY{time}  on 
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. 
CUSTOMER{time} .
    If the importer is not acting on behalf of the first U.S. 
customer, include the following sentence as paragraph C of this 
certification:
    {NAME OF IMPORTING COMPANY{time}  is not acting on behalf of the 
first U.S. customer.
    (D) The solar cells and/or solar modules covered by this 
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO 
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. 
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
    (E) I have personal knowledge of the facts regarding the 
production and exportation of the solar cells and modules identified 
below. ``Personal knowledge'' includes facts obtained from another 
party, (e.g., correspondence received by the importer (or exporter) 
from the producer of the imported products regarding production).
    (F) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd., 
using wafers manufactured in the People's Republic of China that 
were exported to Malaysia by: {CHECK THE RELEVANT WAFER EXPORTERS 
BELOW{time}  (we have afforded business proprietary information 
(BPI) treatment to the names of the wafer exporters; for a table of 
the names of the wafer exporters, which must be included as part of 
this paragraph in the certificate submitted to CBP--please refer to 
the proprietary version of this certification on ACCESS).
    (G) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn. 
Bhd., using wafers manufactured in China that were exported by the 
wafer supplier(s) listed in item F above, and exported by Hanwha Q 
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty 
and countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (H) This certification applies to the following entries (repeat 
this block as many times as necessary):

Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:

    (I) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
production records, invoices, etc.) until the later of: (1) the date 
that is five years after the latest entry date of the entries 
covered by the certification; or (2) the date that is three years 
after the conclusion of any litigation in United States courts 
regarding such entries.
    (J) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to maintain a copy of the exporter's certification 
(attesting to information regarding the production and/or 
exportation of the imported merchandise identified above), and any 
supporting documentation provided to the importer by the exporter, 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (K) I understand that {NAME OF IMPORTING COMPANY{time}  is 
required to provide U.S. Customs and Border Protection (CBP) and/or 
Commerce with the importer certification, and any supporting 
documentation, and a copy of the exporter's certification, and any 
supporting documentation provided to the importer by the exporter, 
upon the request of either agency.
    (L) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (M) I understand that failure to maintain the required 
certifications and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all entries to which this certification applies 
are entries of merchandise that is covered by the scope of the 
antidumping and countervailing duty orders on solar cells and solar 
modules from China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping duty 
and countervailing duty cash deposits determined by Commerce; and
    (iii) the importer no longer being allowed to participate in the 
certification process.
    (N) I understand that agents of the importer, such as brokers, 
are not permitted to make this certification.
    (O) This certification was completed and signed on, or prior to, 
the date of the entry summary if the entry date is more than 14 days 
after the date of publication of the notice of Commerce's 
preliminary determination of circumvention in the Federal Register. 
If the entry date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed by no later than 45 days after publication of 
the notice of Commerce's preliminary determination of circumvention 
in the Federal Register.
    (P) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature

{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 

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Date

Exporter Certification

Certification for Entries of Inquiry Merchandise From Companies Found 
Not To Be Circumventing

Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.

    The party that made the sale to the United States should fill 
out the exporter certification.
    I hereby certify that:
    (A) My name is {COMPANY OFFICIAL'S NAME{time}  and I am an 
official of {NAME OF COMPANY{time} , located at {ADDRESS OF 
COMPANY{time} .
    (B) I have direct personal knowledge of the facts regarding the 
production and exportation of the solar cells and solar modules for 
which sales are identified below. ``Direct personal knowledge'' 
refers to facts the certifying party is expected to have in its own 
records. For example, an exporter should have direct personal 
knowledge of the producer's identity and location.
    (C) The solar cells and/or solar modules covered by this 
certification were shipped to

[[Page 100470]]

{NAME OF PARTY IN THE UNITED STATES TO WHOM MERCHANDISE WAS FIRST 
SHIPPED{time} , located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS 
SHIPPED{time} .
    (D) The solar cells and/or solar modules covered by this 
certification were:
    1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn. 
Bhd.
    3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd. 
using wafers manufactured in the People's Republic of China (China) 
that were exported to Malaysia by: {CHECK THE RELEVANT WAFER 
EXPORTERS BELOW{time} 
    (We have afforded business proprietary information (BPI) 
treatment to the names of the wafer exporters; for a table of the 
names of the wafer exporters, which must be included as part of this 
paragraph in the certificate submitted to CBP--please refer to the 
proprietary version of this certification on ACCESS).
    (E) The U.S. Department of Commerce (Commerce) found that solar 
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn. 
Bhd., using wafers manufactured in China that were exported by the 
wafer supplier(s) listed in item D above, and exported by Hanwha Q 
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty 
and countervailing duty orders on crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China.
    (F) This certification applies to the following sales to {NAME 
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}  
(repeat this block as many times as necessary):

# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S. 
Customer:

    (G) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is 
required to maintain a copy of this certification and sufficient 
documentation supporting this certification (i.e., documents 
maintained in the normal course of business, or documents obtained 
by the certifying party, for example, product specification sheets, 
customer specification sheets, production records, invoices, etc.) 
until the later of: (1) the date that is five years after the latest 
entry date of the entries covered by the certification; or (2) the 
date that is three years after the conclusion of any litigation in 
United States courts regarding such entries.
    (H) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is 
required to provide the U.S. importer with a copy of this 
certification and is required to provide U.S. Customs and Border 
Protection (CBP) and/or Commerce with a copy of this certification, 
and any supporting documents, upon the request of either agency.
    (I) I understand that the claims made herein, and the 
substantiating documentation, are subject to verification by CBP 
and/or Commerce.
    (J) I understand that failure to maintain the required 
certification and supporting documentation, or failure to 
substantiate the claims made herein, or not allowing CBP and/or 
Commerce to verify the claims made herein, may result in a de facto 
determination that all sales to which this certification applies are 
sales of merchandise that is covered by the scope of the antidumping 
and countervailing duty orders on solar cells and solar modules from 
China. I understand that such a finding will result in:
    (i) suspension of liquidation of all unliquidated entries (and 
entries for which liquidation has not become final) for which these 
requirements were not met;
    (ii) the importer being required to post the antidumping and 
countervailing duty cash deposits determined by Commerce; and
    (iii) the seller/exporter no longer being allowed to participate 
in the certification process.
    (K) I understand that agents of the exporter, such as freight 
forwarding companies or brokers, are not permitted to make this 
certification.
    (L) This certification was completed and signed, and a copy of 
the certification was provided to the importer, on, or prior to, the 
date of shipment if the shipment date is more than 14 days after the 
date of publication of the notice of Commerce's preliminary 
determination of circumvention in the Federal Register. If the 
shipment date is on or before the 14th day after the date of 
publication of the notice of Commerce's preliminary determination of 
circumvention in the Federal Register, this certification was 
completed and signed, and a copy of the certification was provided 
to the importer, by no later than 45 days after publication of the 
notice of Commerce's preliminary determination of circumvention in 
the Federal Register.
    (M) I am aware that U.S. law (including, but not limited to, 18 
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly 
and willfully make materially false statements to the U.S. 
government.

Signature

{NAME OF COMPANY OFFICIAL{time} 
{TITLE OF COMPANY OFFICIAL{time} 

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Date

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