BILLING CODE: 3510-DS-P
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-011]
Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China:
Notice of Court Decision Not in Harmony with the Final Results of the Countervailing Duty
Administrative Review; Notice of Amended Final Results
AGENCY:

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

SUMMARY: On March 21, 2024, the U.S. Court of International Trade (the Court) issued its
final judgment in Trina Solar (Changzhou) Science & Technology Co., Ltd., et al. v. United
States, Court No. 23-00219 (CIT March 21, 2024), sustaining the U.S. Department of
Commerce’s (Commerce) final remand results pertaining to the countervailing duty
administrative review on certain crystalline silicon photovoltaic products (solar products) from
the People’s Republic of China (China), covering the period of review (POR) January 1, 2021,
through December 31, 2021. Commerce is notifying the public that the Court’s final judgment is
not in harmony with the final results of the administrative review, and that Commerce is
amending its final results.
DATES: Applicable March 31, 2024.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 4823586.
SUPPLEMENTARY INFORMATION:

Background
On September 13, 2023, Commerce published its final results of the 2021 administrative
review of solar products from China.1 Commerce reached an affirmative determination for Trina
Solar (Changzhou) Science & Technology Co., Ltd. and its cross-owned affiliates (collectively,
Trina Solar). In the Final Results, Commerce exclusively relied on freight rates published by
The Descartes Systems Group Inc. (Descartes) when determining ocean freight rates for
calculating the subsidy rates for several programs pursuant to which the Government of China
provided goods for less than adequate remuneration (LTAR).2 Trina Solar filed a complaint
concerning this issue.
Subsequently, and considering the Court’s holding in Risen Energy I and Risen Energy
II,3 Commerce requested that the issue be remanded for further consideration. On December 12,
2023, the Court granted Commerce’s motion for voluntary remand with additional guidance.4
Specifically, the Court instructed Commerce to consider its rulings in Risen Energy I and Risen
Energy II and to use a multiple route database in keeping with the statutory preference for
relying on a broadly based ocean freight rate, in the absence of “the ability to concretely explain
a strong reason for a single rate source.”5 Upon reconsideration of this issue, Commerce
determined not to rely on the Descartes database for the base rates for ocean freight in
constructing world market benchmarks for LTAR programs under 19 CFR 351.511(a)(2)(ii).
Instead, Commerce relied on ocean freight rates published by Xeneta AS (Xeneta) exclusively
for the base ocean freight rates and then made certain adjustments to the Xeneta data to account
for any missing ocean freight surcharges, relying on the Descartes data.6 On February 22, 2024,
See Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Final Results of
Countervailing Duty Administrative Review; 2021, 88 FR 62770 (Final Results), and accompanying Issues and
Decision Memorandum (IDM).
2 Id. at Comment 5.
3 See Risen Energy Co., v. United States, 570 F. Supp. 3d 1369, 1372 (CIT 2022) (Risen Energy I); see also Risen
Energy Co. v. United States, Slip Op. 23-48 (CIT April 11, 2023) (Risen Energy II).
4 See Trina Solar (Changzhou) Science & Technology Co., Ltd. v. United States, Court No. 23-00219, Slip Op. No.
23-174 (CIT December 12, 2023).
5 Id.
6 See Trina Solar (Changzhou) Science & Technology Co., Ltd. v. United States, Court No. 23-00219, “Final Results
of Redetermination Pursuant to Court Order,” dated February 22, 2024 (Final Redetermination).
Commerce issued its final results of redetermination calculating an estimated countervailable
subsidy rate of 9.02 percent ad valorem for Trina Solar,7 and on March 21, 2024, the Court
sustained Commerce’s Final Redetermination.8
Timken Notice
In its decision in Timken,9 as clarified by Diamond Sawblades,10 the U.S. Court of
Appeals for the Federal Circuit held that, pursuant to section 516A(c) and (e) of the Tariff Act of
1930, as amended (the Act), Commerce must publish a notice of a court decision that is not “in
harmony” with a Commerce determination and must suspend liquidation of entries pending a
“conclusive” court decision. The Court’s March 21, 2024, judgment constitutes a final decision
of the Court that is not in harmony with Commerce’s Final Results. This notice is published in
fulfillment of the publication requirements of Timken.
Amended Final Results
Because there is now a final court judgment, Commerce is amending its Final Results
with respect to Trina Solar’s countervailable subsidy rate for the period January 1, 2021, through
December 31, 2021, as follows:
Producer/Exporter
Trina Solar (Changzhou) Science & Technology Co., Ltd.11

Subsidy Rate
(percent ad valorem)
9.02

Cash Deposit Requirements

Id.
See Trina Solar (Changzhou) Science & Technology Co., Ltd., et al., v. United States, Court No. 23-00219 (CIT
March 21, 2024).
9 See Timken Co., v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken).
10 See Diamond Sawblades Mfrs. Coal. v. United States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
11 Commerce found Trina Solar (Changzhou) Science & Technology Co., Ltd. to be cross-owned, within the
meaning of 19 CFR 351.525(b)(6)(vi), among and across the following companies: Yancheng Trina Solar Guoneng
Science & Technology Co., Ltd.; Trina Solar (Su Qian) Technology Co., Ltd.; Trina Solar Yiwu Technology Co.,
Ltd.; Trina Solar Co., Ltd.; Trina Solar (Yancheng Dafeng) Co., Ltd.; Trina Solar Science & Technology
(Yancheng) Co., Ltd.; Trina Solar (Suqian) Optoelectronics Co., Ltd.; Trina Solar (Changzhou) Optoelectronic
Device Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan
Trina Solar Energy Co., Ltd.; Trina Solar (Hefei) Science and Technology Co., Ltd.; Changzhou Hesai PV Ribbon
Materials Co., Ltd.; Changzhou Hewei New Material Technology Co., Ltd.; Changzhou Trina Hezhong PV Co.,
Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. See Final Results.
7
Commerce intends to issue revised cash deposit instructions to U.S. Customs and Border
Protection (CBP) for the entries indicated above. The revised cash deposit rate, indicated above,
will be effective March 31, 2024.
Liquidation of Suspended Entries
Commerce intends to instruct CBP to assess countervailing duties on unliquidated entries
of subject merchandise produced and/or exported by Trina Solar in accordance with 19 CFR
351.212(b). We will instruct CBP to assess countervailing duties on all appropriate entries
covered by this administrative review where the ad valorem rate is not zero or de minimis.
Where an ad valorem subsidy rate is zero or de minimis,12 we will instruct CBP to liquidate the
appropriate entries without regard to countervailing duties.
Notification to Interested Parties
This notice is issued and published in accordance with sections 516A(c) and (e), and
777(i)(1) of the Act.
Dated: June 18, 2024.
Ryan Majerus,
Deputy Assistant Secretary
for Policy and Negotiations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2024-13841 Filed: 6/24/2024 8:45 am; Publication Date: 6/25/2024]

See 19 CFR 351.106(c)(2).