In January, Commerce made a preliminary determination of critical circumstances in the countervailing duty investigation of crystalline silicon photovoltaic cells and modules from China. The ruling requires Customs to suspend liquidation of all imports of covered products that entered into the United States 90 days prior to an affirmative preliminary determination. Currently, the preliminary determination in the countervailing duty case is scheduled for March 2, 2012, meaning that cash deposits or bonds equal to the preliminary subsidy rates could be required for imports that entered the United States as of December 3, 2011. A source close to the proceeding, however, believes that Customs may not require the additional deposits for entries that precede an affirmative preliminary subsidy determination. The ITC also has to make an affirmative critical circumstances determination before the provisional measures would move back 90 days. The ITC, however, rarely makes affirmative final critical circumstances findings. The ITC final determination on critical circumstances would occur in conjunction with the final injury determination, which, if fully extended, would occur in mid-November 2012.
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Commerce finds critical circumstances in solar panel case
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