The Quest
Inside this issue:

Honey syrup update: DOC affirms preliminary determination on anti-dumping order

CBP releases new 301 bond form instructions

CBP conducts summer webinar series on modernizing customs broker regulations

AD/CVD now issued for solar cells and panels from China

CBP releases list of current AD/CVD cases (click to download)



AD/CVD now issued for solar cells and panels from China

CBP has issued CSMS #12-000215 advising that anti-dumping and countervailing duties (AD/CVD) issued on imports of solar cells and panels from China also apply to imports of solar panels produced in a third-country from Chinese solar cells.

Importers bringing in solar panels that do not contain Chinese solar cells will need to certify that the goods do not contain Chinese solar cells and must provide a certification at CBP's request. In other words, any imports of solar modules, laminates and panels produced in a “third-country” (e.g., a non-Chinese country of origin) that may have solar cells produced in China, would also be subject to the AD/CVD.

The importer and exporter are also required to maintain an exporter certification. If the certifications are not maintained, AD/CVD will be issued for the corresponding import. The AD rate applies to consumption entries made or withdrawn from warehouse on or after Feb. 25, 2012. The China-wide entity rate is 249.96%. The CV rate applies to consumption entries made or withdrawn from warehouse on or after Dec. 27, 2011. The CV all-others rate is 3.61%.

Customs brokers should collect these certifications from their importer clients. It is recommended these certifications are kept for every import on file and provided to CBP if requested. The certification requirements were also announced in the Federal Register: http://www.gpo.gov/fdsys/pkg/FR-2012-05-25/html/2012-12798.htm.

For your convenience, our bond underwriting department has prepared sample certifications for your use. You may access the importer certification here and the exporter certification here.

Third-country case numbers have been established for some countries to allow the merchandise to be properly claimed. A list of these countries can be found in AD/CVD Message number 2158303 here: http://addcvd.cbp.gov/detail.asp?docID=2158303&ac=pr but this list is not comprehensive, as CBP may add additional countries.

The message also states that the importer certification must be completed, signed and dated at the time of the entry of the panels/modules. The exporter certification must be completed, signed, and dated at the time of the shipment of the relevant entries. For entries on or after February 25, 2012, but before May 25, 2012, for which certifications are required, importer and exporters should complete the required certification within 30 days of May 25, 2012.

Bond Requests
Bonds for this commodity will be subject to higher AD/CVD rates and underwriting requirements, which will include the following, if not already on file with Avalon:
  • Bond Application and Indemnity Agreement signed by a corporate officer.
  • AD/CVD questionnaire with details on the case number, supplier, and information to substantiate origin.
  • Historical information regarding the importer’s entry activity and any background on the customs broker’s relationship with the importer.
  • Financial statements including Balance Sheet, Income Statement, and Statement of Cash Flows.
  • Collateral will likely be required for high-risk AD/CVD cases, especially if the importer cannot demonstrate financial strength to support the total bond aggregation.
We understand high risk anti-dumping cases of this nature place an increased burden on both sureties and brokers. Through proactive education, we can work together to mitigate risk and support compliance.

For more information, please contact your local Avalon office or Andriana Davis at (847) 700-8087 or at adavis@avalonrisk.com. A list of our offices may be found at www.avalonrisk.com.

Avalon Risk Management


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