Notice2021-13731
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part
Primary source
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Published
June 28, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) intends to revoke, in part, the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China) with respect certain off-grid small portable CSPV panels. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 86 Issue 121 (Monday, June 28, 2021)</title>
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[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33982-33984]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13731]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Results
of Changed Circumstances Reviews, and Intent To Revoke the Antidumping
and Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) intends to revoke, in
part, the antidumping duty (AD) and countervailing duty (CVD) orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar cells), from the People's Republic of China (China) with
respect certain off-grid small portable CSPV panels. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable June 28, 2021.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published the AD and CVD orders on
solar cells from China.\1\ On December 4, 2020, SOURCE Global, PBC
(SOURCE Global), a U.S. importer of subject merchandise, requested,
through changed circumstance reviews (CCRs), revocation of the Solar
Cells Orders with respect to certain off-grid small portable CSPV
panels, pursuant to section 751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216(b).\2\
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Countervailing
Duty Order, 77 FR 73017 (December 7, 2012) (collectively, Solar
Cells Orders).
\2\ See SOURCE Global's Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from the
People's Republic of China; Request for Changed Circumstances Review
on Certain Off-Grid Portable Small Panels and Consumer Products
Containing Such Panels,'' dated December 4, 2020.
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On March 15, 2021, we initiated the requested CCRs.\3\ In the
Initiation Notice, we invited interested parties to provide comments
and/or factual information regarding these CCRs, including comments on
industry support and the proposed partial revocation language. We
received no comments or factual information.
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\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Notice
of Initiation of Changed Circumstances Reviews, and Consideration of
Revocation of the Antidumping and Countervailing Duty Orders in
Part, 86 FR 16585 (March 30, 2021) (Initiation Notice).
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Scope of the Solar Cells Orders
The merchandise covered by these orders is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.
These orders cover crystalline silicon photovoltaic cells of
thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise
[[Page 33983]]
under consideration are included in the scope of these orders.
Excluded from the scope of these orders are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of these orders are crystalline
silicon photovoltaic cells, not exceeding 10,000 mm\2\ in surface area,
that are permanently integrated into a consumer good whose function is
other than power generation and that consumes the electricity generated
by the integrated crystalline silicon photovoltaic cell. Where more
than one cell is permanently integrated into a consumer good, the
surface area for purposes of this exclusion shall be the total combined
surface area of all cells that are integrated into the consumer good.
Additionally, excluded from the scope of the orders are panels with
surface area from 3,450 mm<SUP>2</SUP> to 33,782 mm<SUP>2</SUP> with
one black wire and one red wire (each of type 22 AWG or 24 AWG not more
than 206 mm in length when measured from panel extrusion), and not
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this
exclusion, no panel shall contain an internal battery or external
computer peripheral ports.
Also excluded from the scope of the orders are:
1. Off grid CSPV panels in rigid form with a glass cover, with the
following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm<SUP>2</SUP> per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in
either an 8 mm male barrel connector, or a two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) The panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached wire
that terminates in a female USB-A connector.
Modules, laminates, and panels produced in a third-country from
cells produced in China are covered by the orders; however, modules,
laminates, and panels produced in China from cells produced in a third-
country are not covered by these orders.
Merchandise covered by these orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.
These HTSUS subheadings are provided for convenience and customs
purposes; the written description of the scope of these orders is
dispositive.\4\
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\4\ See Solar Cells Orders.
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Preliminary Results of Changed Circumstances Reviews and Intent To
Revoke the Solar Cells Orders, in Part
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an order, in whole or in part, based on a review
under section 751(b) of the Act (i.e., a CCR). Section 782(h)(2) of the
Act gives Commerce the authority to revoke an order if producers
accounting for substantially all of the production of the domestic like
product have expressed a lack of interest in the order. Section
351.222(g) of Commerce's regulations provides that Commerce will
conduct a CCR under 19 CFR 351.216, and may revoke an order (in whole
or in part), if it concludes that: (i) Producers accounting for
substantially all of the production of the domestic like product to
which the order pertains have expressed a lack of interest in the
relief provided by the order, in whole or in part; or (ii) if other
changed circumstances sufficient to warrant revocation exist. Thus,
both the Act and Commerce's regulations require that ``substantially
all'' domestic producers express a lack of interest in the order for
Commerce to revoke the order, in whole or in part.\5\ Commerce has
interpreted ``substantially all'' to mean producers accounting for at
least 85 percent of the total U.S. production of the domestic like
product covered by the order.\6\
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\5\ See section 782(h) of the Act and 19 CFR 351.222(g).
\6\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791
(November 14, 2012) (Honey Preliminary CCR Results), unchanged in
Honey from Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances Reviews; Revocation of
Antidumping and Countervailing Duty Orders, 77 FR 77029 (December
31, 2012).
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SOURCE Global submitted letters from SunPower Manufacturing Oregon,
LLC (SPMOR), a U.S. producer of the domestic like product and a
petitioner in the underlying investigations, indicating that it does
not object to the scope modification proposed by SOURCE Global which
would exclude certain off-grid small portable CSPV panels from the
Solar Cells Orders.\7\ In those letters, SPMOR did not indicate its
share of production of the domestic like product.\8\ Thus, Commerce did
not determine, at the time that it initiated these CCRs, whether
producers accounting for substantially all of the U.S. production of
the domestic like product lacked interest in the Solar Cells Orders
with respect to the off-grid small portable CSPV panels under
consideration here. Hence, in the Initiation Notice, Commerce invited
interested parties to provide comments and/or factual information
regarding these CCRs, including comments on industry support and the
proposed partial revocation language. No party submitted comments.
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\7\ See SOURCE Global's Letters, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from the
People's Republic of China; Changed Circumstances Review on Certain
Off-Grid Portable Small Panels and Consumer Products Containing Such
Panels; SOURCE Global, PBC Response to Department of Commerce
Information Request,'' dated January 29, 2021; and ``Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules
from the People's Republic of China; SOURCE Global, PBC Changed
Circumstances Review Request; SOURCE Global, PBC Submission of
Edited Product Exclusion Language,'' dated March 10, 2021 at Exhibit
2.
\8\ See Initiation Notice.
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In light of SPMOR's lack of interest in maintaining the Solar Cells
Orders with respect to the off-grid small portable CSPV panels
described by SOURCE Global, and in the absence of any interested party
comments, we preliminarily conclude that producers accounting for
substantially all of the production of the domestic like product to
which the Solar Cells Orders pertain lack interest in the relief
provided by the Solar Cells Orders with respect to the off-grid small
portable CSPV panels that are the subject of SOURCE Global's CCR
request. Thus, we preliminarily determine that changed circumstances
[[Page 33984]]
warrant revocation of the Solar Cells Orders, in part, with respect to
such panels.
Accordingly, we are notifying the public of our intent to revoke
the Solar Cells Orders, in part, with respect to the following off-grid
small portable CSPV panels:
Off-grid CSPV panels in rigid form with a glass cover, with each of
the following physical characteristics, whether or not assembled into a
fully completed off-grid hydropanel whose function is conversion of
water vapor into liquid water:
(A) A total power output of no more than 80 watts per panel;
(B) A surface area of less than 5,000 square centimeters (cm\2\)
per panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the edges of the panel;
(E) Include a clear glass back panel; and
(F) Must include a permanently connected wire that terminates in a
two-port rectangular connector.
We will consider comments from interested parties on these
preliminary results before issuing the final results of these CCRs.\9\
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\9\ See, e.g., Honey Preliminary CCR Results, 77 FR 67790, 67791
(November 14, 2012); Aluminum Extrusions from the People's Republic
of China: Preliminary Results of Changed Circumstances Reviews, and
Intent to Revoke Antidumping and Countervailing Duty Orders in Part,
78 FR 66895 (November 7, 2013); and 19 CFR 351.222(g)(3)(v).
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Public Comment
Interested parties are invited to comment on these preliminary
results of CCRs in accordance with 19 CFR 351.309(c)(1)(ii). Written
comments may be submitted no later than 14 days after the date of
publication of these preliminary results in the Federal Register.
Rebuttals to written comments, limited to issues raised in such
comments, may be filed no later than seven days after the due date for
comments. All submissions must be filed electronically using
Enforcement and Compliance's AD and CVD Centralized Electronic Service
System (ACCESS).\10\ An electronically filed document must be
successfully received in its entirety by ACCESS, by 5 p.m. Eastern Time
on the deadlines set forth in this notice. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\11\
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\10\ See generally 19 CFR 351.303.
\11\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Final Results of the Changed Circumstances Reviews
Commerce will issue the final results of these CCRs, which will
include its analysis of any written comments, no later than 270 days
after the date on which these reviews were initiated.\12\ If, in the
final results of these reviews, Commerce continues to determine that
changed circumstances warrant the revocation of the Solar Cells Orders,
in part, we will instruct U.S. Customs and Border Protection (CBP) to
liquidate without regard to antidumping or countervailing duties, and
to refund any estimated antidumping and countervailing duties deposited
on, all unliquidated entries of the merchandise covered by the
revocation that are not covered by the final results of an
administrative review or an automatic liquidation instruction to CBP.
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\12\ See 19 CFR 351.216(e).
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The current requirement for cash deposits of estimated antidumping
and countervailing duties on all entries of subject merchandise will
continue unless they are modified pursuant to the final results of
these CCRs.
Notification to Interested Parties
These preliminary results of CCRs and this notice are published in
accordance with sections 751(b) and 777(i) of the Act and 19 CFR
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: June 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2021-13731 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P
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