On December 8, 2022, the U.S. Department of Commerce (“USDOC”) published its preliminary determination that certain manufacturers of solar energy products1 in Malaysia, Vietnam, Thailand, and Cambodia that rely on Chinese-origin inputs are circumventing U.S. antidumping and countervailing duties relating to crystalline silicon photovoltaic cells and modules of Chinese origin.2 If this preliminary determination is affirmed in the final determination, many solar energy panel manufacturers that use these Chinese-origin components may have to re-evaluate their supply chains and how they supply the U.S. market.
The preliminary determination imposes important certification obligations. To avoid collection of AD/CVD cash deposits on covered imports from Malaysia, Vietnam, Thailand, or Cambodia, importers and exporters must certify that the covered imports (i) qualify for the…
