SOLAR CELLS & MODULES CHINA (CRYSTALLINE SILICON PHOTOVOLTAIC CELLS & MODULES)

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1 SOLAR CELLS & MODULES CHINA (CRYSTALLINE SILICON PHOTOVOLTAIC CELLS & MODULES) Anti-Dumping Duties (ADD) apply to certain commodities from certain countries when the U.S. Department of Commerce rules that the commodity is being sold to U.S. importers for less than fair market value. If your commodity is subject to an existing Anti-Dumping order, you are required to provide a statement of non-reimbursement which asserts that you have not entered into an agreement to be reimbursed for any ADD paid. Anti-Dumping Duty Criteria All solar cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials which were: Completely or partially manufactured within People s Republic of China; or Manufactured outside People s Republic of China, but using ingots (blocks of metal) or wafers manufactured in People s Republic of China; or Manufactured partially in People s Republic of China, yet completed in a non-subject* country. *A non-subject country is any country not subject to this ADD ruling. Exclusion Criteria Solar cells and products with solar cells manufactured in China which are not subject to this anti-dumping case must comply with one of the following criteria in order to be excluded. If they do not, ADD will apply. Solar cells of thickness less than 20 micrometers (.7874 mils) Thin film products produced from amorphous silicon (a-si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Solar cells not exceeding 10,000mm 2 (15.5 inches 2 ) in surface area which are integrated into a consumer good. Where more than one cell is permanently integrated, the surface area for exclusion must be the combined surface area of all integrated cells. Importer & Non-U.S. Exporter Instructions Using the criteria above, determine whether the goods(s) in your shipment are subject or not subject to ADD and complete the documents that best represent your good(s). A. Subject to Anti-Dumping Duty If your good(s) are subject to ADD, only follow these three steps: 2) Go to Page 5 and complete the Reimbursement Statement, including signature 3) Send both completed forms to DHL Express via > Clearance On Demand Page 1

2 B. Not Subject to Anti-Dumping Duty If your good(s) are not subject to ADD, choose one of the following options that best describes your good(s) and complete only those steps: a) If the good(s) were only exported from People s Republic of China, please produce or complete: 2) Go to Page 4 and complete the Importer Certification, including signature 3) Go to Page 6 and complete the Exporter Certification 4) Send the three completed forms to DHL Express via > Clearance On Demand b) Or, if the good(s) country of manufacture is the reason, complete: 2) Go to Page 4 and complete the Importer Certification, including signature 3) Send both completed forms to DHL Express via > Clearance On Demand c) Or, if the good(s) size, thickness or material made from are the reason, please complete: 2) Send the completed form to DHL Express > Clearance On Demand Page 2

3 Commodity Certification SOLAR CELLS & MODULES - CHINA (CRYSTALLINE SILICON PHOTOVOLTAIC CELLS & MODULES) Air Waybill Number: Part Number: Material Made From Size of Solar Cells (Length x Width in mm 2 ): No. of cells integrated/used Thickness of Solar Cells (micrometers): Commodity s Intended Use: Country of Exporter: Country of Mfg of completed commodity: Country of Mfg of cell(s): Name of Cell Manufacturer: Address of Cell Manufacturer: Case # (if known) Name: Title/Capacity: Signature: Date: Page 3

4 Importer Certification (Of Non-Anti-Dumping Status Based on Origin of Cell(s)) I hereby certify that I am an official of (name of company); that I have knowledge of the facts regarding the importation of the solar panels/modules or other products containing solar panels/modules that are seeking entry under Air Waybill #, covered by this certification; and that these solar panel/modules do not contain solar cells produced in People s Republic of China. For solar panels/modules assembled in People s Republic of China, I also certify that they do not consist of crystalline silicon photovoltaic cells that are completed or partially manufactured within a customs territory other than People s Republic of China, using ingots that are manufactured in People s Republic of China, wafers that are manufactured in People s Republic of China, or cells where the manufacturing process begins in People s Republic of China and is completed outside of People s Republic of China. By signing this certification, I also hereby certify that (name of company) maintains sufficient documentation supporting this certification for all solar cells used to produce the solar panels/modules imported under Air Waybill #. I understand that agents of the importer, such as brokers, are not permitted to make this certification. Also, I am aware that records pertaining to this certification may be requested by US Customs & Border Protection. I understand that this certification should be completed prior to the items making entry into the United States. I also understand that failure to maintain the required certification or failure to substantiate the claim above will result in suspension of all un-liquidated entries for which these requirements were not met and the requirement that the importer post an AD cash deposit on those entries equal to the exporter-specific rate in effect at the time of the entry. Name: Title/Capacity: Signature: Date: Page 4

5 SOLAR CELLS & MODULES - CHINA (CRYSTALLINE SILICON PHOTOVOLTAIC CELLS & MODULES) Reimbursement Statement (For Solar Cells and/or Modules Subject To Anti-Dumping Regulations) I hereby certify that I (have) (have not) entered into any agreement or understanding for the payment or for the refunding to me, by the manufacturer, producer, seller, or exporter, of all or any part of the antidumping duties or countervailing duties assessed upon the following importations of solar cells/modules from People s Republic of China: HAWB #, which have been purchased on or after November 7, 2012, or purchased before November 7, 2012 but exported on or after November 30, Name: Title/Capacity: Signature: Date: Page 5

6 Exporter Certification (If the Exporter is located in PEOPLE S REPUBLIC OF CHINA but the cells are not manufactured in China) I hereby certify that I am an official of (exporting company), that I have knowledge of the facts regarding the exportation of the solar panels/modules or other products containing solar panels/modules identified below, and that these solar panels/modules do not contain solar cells produced in People s Republic of China. For solar panels/modules assembled in People s Republic of China, I also certify that they do not consist of crystalline silicon photovoltaic cells that are completed or partially manufactured within a customs territory other than People s Republic of China, using ingots that are manufactured in People s Republic of China, wafers that are manufactured in People s Republic of China, or cells where the manufacturing process begins in People s Republic of China and is completed outside of People s Republic of China. By signing this certificate, I also hereby certify that (exporting company) maintains sufficient documentation supporting this certification for all solar panels/modules identified below. I am aware that records pertaining to this certification may be subject to verification by Department of Commerce officials and I consent to verification with respect to this certification and these records. I understand that this certification should be completed at the time of shipment. I also understand that failure to maintain the required certification or failure to substantiate the claim above will result in suspension of all un-liquidated entries for which these requirements were not met and the requirement that the importer post an AD cash deposit on those entries equal to the exporter-specific rate in effect at the time of the entry. The exports covered by this certification are contained within HAWB#. Name: Title/Capacity: Signature: Date: Page 6

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