2022年4月1日商业启动规避查询后,太阳项目开发产业陷入生存危机。solar imports. Specifically, the circumvention inquiries threatened solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam with combined AD/CVD tariffs of nearly 250%, and such tariffs could be applied retroactively to merchandise entering the United States on or after April 1, 2022 (and potentially as far back as November 4, 2021).[3] The proposed rules directly respond to President Biden's June 6, 2022 emergency declaration, which found that an emergency exists "with respect to the threats to the availability of sufficient electricity generation capacity" and authorized Commerce to issue a moratorium on tariffs on solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam for up to a 24-month period.[4]
The Proposed Rules
The proposed rules appear to respond to concerns raised by the solar project development industry about how the emergency declaration would be implemented in the context of existing agency regulations. Commerce has confirmed that it intends to provide for the temporary, duty-free importation of certain solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam even if Commerce determines that they are circumventing an existing AD/CVD order. In so doing, Commerce has clarified that these new rules—and not the agency's existing circumvention regulations—will apply to such solar cells and modules throughout the pendency of the emergency period.
The proposed rules would be codified as a new part 362 to title 19 of the Code of Federal Regulations, and they would provide that:
- The applicable entries would be those "Southeast Asian-Completed Cells and Modules" that are subject to the solar circumvention inquiries. "Southeast Asian-Completed Cells and Modules" means solar cells and modules completed in Cambodia, Malaysia, Thailand, or Vietnam, using parts and components that are made in China and "subsequently exported from Cambodia, Malaysia, Thailand or Vietnam to the United States."
- The date of termination of the temporary duty-free importation would be June 6, 2024, or the date when the emergency is terminated, whichever occurs first.
- Importation of Southeast Asian-Completed Cells and Modules would be "free of collection" of AD/CVD cash deposits until the termination date of the emergency.
- In the event of an affirmative preliminary or final circumvention determination prior to the date of termination, Commerce would not direct U.S.Customs and Border Protection to suspend liquidation or collect cash deposits. This means that Southeast Asian-Completed Cells and Modules imported at any time prior to the termination of the emergency would not be subject to AD/CVD duties as a result of an affirmative determination in the circumvention inquiries.
- In the event that it issues an affirmative preliminary circumvention determination, Commerce has signaled that it may require certifications for solar cells and modules from Cambodia, Malaysia, Thailand, and Vietnam in order to differentiate between (i) Southeast Asian modules with Chinese cells that are already subject to the existing orders and (ii) Southeast Asian modules using Chinese inputs that would become subject to the existing orders solely based upon an affirmative circumvention finding. This certification process would likely create an administrative burden for U.S.进口商
对拟议规则 a美国成员太阳能电池制造行业Auxin Solar公司请求绕行查询,因此可能有兴趣对受影响的进口品保持高关税。商业有义务考虑所有提交的评论并可能根据这些评论修改拟议规则。 机构必须听取所有各方的意见,包括那些支持当前形式拟议规则者的意见,以便机构能够充分理解修改规则的后果。Covington深入处理国际贸易和能源问题,完全有能力帮助想提交评论或可能质疑新规则会如何影响业务的客户。
Slicon光电槽瑞格公元前19 0712022年1月20日.
瑞格35 067(6月9日2022年6月6日10414公告)