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ARTICLE · 09 MAY 2022

Recent Memorandum From Commerce Regarding Solar Circumvention Investigation

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On May 2, 2022, the U.S. Department of Commerce ("Commerce") released a memorandum to "All Interested Parties" that clarifies the scope of the investigation into the alleged circumvention of tariffs on certain solar cells and solar modules.

United StatesEnergy and Natural Resources
Jeffery Atkin
Jeffery Atkin
Michael J. Walsh Jr
Michael J. Walsh Jr
Natalie Neals
Natalie Neals
Rachel Conrad
Rachel Conrad
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On May 2, 2022, the U.S. Department of Commerce ("Commerce") released a memorandum to "All Interested Parties" that clarifies the scope of the investigation into the alleged circumvention of tariffs on certain solar cells and solar modules imported into the United States from Malaysia, Thailand, Vietnam or Cambodia, originally announced by Commerce on March 28, 2022 (the "Investigation"). For additional background, please see Foley's article regarding the launch of the Investigation.

Among other things, the three-page memorandum, entitled "Circumvention Inquiries with Respect to Cambodia, Malaysia, Thailand, and Vietnam, - Potential Certification Requirements" (the "Memorandum") provides more clarity on (i) what type of certification requirements would be placed on solar cells and modules, (ii) what types of inputs would be subject to the duties, and (iii) what the amount of the duties would be, in each case, in the event of an affirmative preliminary or final

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