Notice2021-27326
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part
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Published
December 17, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is revoking, 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 to certain off-grid small portable crystalline silicon photovoltaic (CSPV) panels.
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<title>Federal Register, Volume 86 Issue 240 (Friday, December 17, 2021)</title>
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[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71615-71617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27326]
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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: Final Results of
Changed Circumstances Reviews, and Revocation of the Antidumping and
Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is revoking, 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 to certain off-grid small portable crystalline silicon
photovoltaic (CSPV) panels.
DATES: Applicable December 17, 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 circumstances reviews (CCRs), revocation of the 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) (AD Order);
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) (CVD
Order) (collectively, 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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[[Page 71616]]
On March 15, 2021, Commerce 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. On June 23, 2021, Commerce
published notice of the preliminary results of these CCRs of the Orders
and its intent to revoke the Orders, pursuant to section 751(b)(1) of
the Act and 19 CFR 351.216(b), with respect to certain off-grid small
portable CSPV panels.\4\ We invited interested parties to comment on
the Preliminary Results. On July 12, 2021, Commerce received comments
from SOURCE Global.\5\
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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).
\4\ See 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, 86
FR 33982 (June 28, 2021) (Preliminary Results).
\5\ See SOURCE Global's Letter, ``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 Comments on Preliminary Results
of Reviews,'' dated July 12, 2021 (SOURCE Global's Comments).
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Final Results of Changed Circumstances Reviews and Revocation of the
Orders, in Part
In its comments, SOURCE Global agreed with, and supported,
Commerce's Preliminary Results and requested that Commerce apply the
revocation to the earliest possible date.\6\ Because no party submitted
comments opposing the preliminary results of these CCRs, and the record
contains no other information or evidence that calls into question the
Preliminary Results, Commerce determines, pursuant to sections
751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g), that there are
changed circumstances that warrant revocation of the Orders, in part.
Specifically, because the producers accounting for substantially all of
the production of the domestic like product to which the Orders pertain
have not expressed interest in maintaining the relief provided by the
Orders with respect to the off-grid small portable CSPV panels, as
described below, Commerce is revoking the Orders, in part, with respect
to the following off-grid small portable CSPV panels:
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\6\ Id. at 4.
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.
The scope description will henceforth include the exclusion language
articulated above.
Scope of the Orders
The merchandise covered by the 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.
The 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 under consideration are included in the scope
of the Orders.
Excluded from the scope of the 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 the 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\2\ per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in
either an 8mm 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 cm\2\ 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.
In addition, the following CSPV panels are excluded from the scope
of the Orders:
Off-grid CSPV panels in rigid form with a glass cover, with each of
the following physical characteristics,
[[Page 71617]]
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.
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 the Orders.
Merchandise covered by the 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 the Orders is
dispositive.\7\
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\7\ See Solar Cells Orders.
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Application of the Final Results of Reviews
SOURCE Global requested that Commerce apply the final results of
these reviews to ``all unliquidated entries of the merchandise covered
by the revocation that are not covered by the final results of an
administrative review or automatic liquidation instruction.'' \8\
Section 751(d)(3) of the Act provides that ``{a{time} determination
under this section to revoke an order . . . shall apply with respect to
unliquidated entries of the subject merchandise which are entered, or
withdrawn from warehouse, for consumption on or after the date
determined by the administering authority.'' Commerce's general
practice is to instruct U.S. Customs and Border Protection (CBP) to
liquidate without regard to antidumping and countervailing duties, and
to refund any estimated antidumping and countervailing duties on, all
unliquidated entries of the merchandise covered by a revocation that
are not covered by the final results of an administrative review or
automatic liquidation.\9\
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\8\ See SOURCE Global's Comments at 5.
\9\ See, e.g., Certain Pasta from Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the
United Kingdom: Notice of Final Results of Changed Circumstances
Review and Revocation of Order, in Part, 72 FR 65706 (November 23,
2007); Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In Part: Certain
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR
66163 (November 13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and Revocation of Orders in Part:
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final
Results of Antidumping Duty Changed Circumstances Review, and
Determination to Revoke Order in Part: Certain Cased Pencils from
the People's Republic of China, 68 FR 62428 (November 4, 2003).
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Consistent with this practice, we are applying the final results of
these CCRs to all unliquidated entries of the merchandise covered by
the revocations which have been entered, or withdrawn from warehouse,
for consumption on or after December 1, 2020, for the AD Order, and
January 1, 2020, for the CVD Order. These are the beginning dates of
the earliest periods of review not covered by the final results of an
administrative review or automatic liquidation instructions (i.e.,
December 1, 2020 through November 30, 2021 for the AD Order and January
1, 2020 through December 31, 2020 for the CVD Order).
Instructions to CBP
Because we determine that there are changed circumstances that
warrant the revocation of the Orders, in part, we will instruct CBP to
liquidate without regard to antidumping and countervailing duties, and
to refund any estimated antidumping and countervailing duties on, all
unliquidated entries of the merchandise covered by this partial
revocation on or after December 1, 2020, for purposes of the AD Order
and January 1, 2020, for purposes of the CVD Order.
Commerce intends to issue instructions to CBP no earlier than 35
days after the date of publication of these final results of CCRs in
the Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the instructions will direct CBP not to liquidate
relevant entries until the time for parties to file a request for a
statutory injunction has expired (i.e., within 90 days of publication).
Notification to Interested Parties
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
We are issuing and publishing these final results of CCRs 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: December 10, 2021.
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. 2021-27326 Filed 12-16-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 17, 2021.
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