Notice2022-21155
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
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Published
September 29, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a request from Shenzhen Hello Tech Energy Co., Ltd. (Hello Tech), the U.S. Department of Commerce (Commerce) is initiating changed circumstances reviews (CCR) to consider the possible revocation, in part, of 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 as described below.
Full Text
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<title>Federal Register, Volume 87 Issue 188 (Thursday, September 29, 2022)</title>
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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59052-59054]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21155]
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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: Notice of Initiation
of Changed Circumstances Reviews, and Consideration of Revocation of
the Antidumping and Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Shenzhen Hello Tech Energy Co., Ltd.
(Hello Tech), the U.S. Department of Commerce (Commerce) is initiating
changed circumstances reviews (CCR) to consider the possible
revocation, in part, of 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 as described below.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published the AD and CVD orders on
solar cells from China.\1\ On August 8, 2022, Hello Tech, a Chinese
producer and exporter of subject merchandise, requested, through CCRs,
revocation of the Orders, in part, with respect to 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\ Within Hello Tech's CCR request,
Hello Tech included a letter from the American Alliance for Solar
Manufacturing (the Alliance), a U.S. producer of the domestic like
product and a petitioner in the underlying investigations, in which the
Alliance stated that it did not oppose the partial revocation of the
Orders proposed by Hello Tech.\3\ No interested parties filed comments
opposing the CCR request.
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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, Orders).
\2\ See Hello Tech's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules From the People's
Republic of China: Hello Tech's Resubmitted Request for Changed
Circumstances Reviews,'' dated August 8, 2022 (CCR Request).
\3\ Id. at Exhibit 7.
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Scope of the 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 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 10,000mm\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\2\ to 33,782 mm\2\ 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:
[[Page 59053]]
(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, 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.\4\
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\4\ See Orders.
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Proposed Partial Revocation of the Orders
The products subject to the proposed revocation are off-grid
portable small crystalline silicon photovoltaic panels, with or without
a glass cover, with the following characteristics:
(A) total power output of 200 watts or less per panel;
(B) a maximum surface area of 16,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include an integrated handle or a handle attached to the
package for ease of carry;
(E) must include one or more integrated kickstands for easy
installation or angle adjustment; and
(F) must include a wire of not less than 3 meters either
permanently connected or attached to the package that terminates in an
8mm diameter male barrel connector.
Initiation of CCRs and Consideration of Revocation of the Orders, in
Part
Pursuant to section 751(b) of the Act, when Commerce receives
information concerning, or a request from an interested party \5\ for a
review of, a final affirmative determination that resulted in an AD or
CVD order, which shows changed circumstances sufficient to warrant a
review of an order, Commerce shall conduct a changed circumstances
review of the order.\6\ In accordance with 19 CFR 351.216(d), Commerce
determines that the information submitted by Hello Tech, and the letter
of no opposition to partial revocation of the Orders with respect to
the products described by Hello Tech, constitute a sufficient basis to
conduct CCRs of the Orders.\7\
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\5\ Hello Tech stated in its CCR Request that it is an exporter
of solar panels. As such, Hello Tech is an interested party pursuant
to section 771(9)(A) of the Act and 19 CFR 351.102(b)(29)(i).
\6\ See 19 CFR 351.216(d).
\7\ See CCR Request at Exhibit 7.
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In addition, in the event
that Commerce determines an expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits Commerce to combine the notices of initiation
and preliminary results. In its administrative practice, 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.\8\
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\8\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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One domestic producer, the Alliance, stated that it does not object
to the partial revocation of the Orders proposed by Hello Tech.
However, because the Alliance did not indicate whether it accounts for
substantially all of the U.S. production of the domestic like product
covered by the Orders, we are not combining this notice of initiation
with a preliminary determination, pursuant to 19 CFR 351.221(c)(3)(ii).
Rather, we will provide interested parties with an opportunity to
address the issue of domestic industry support with respect to the
partial revocation of the Orders, as explained below. After examining
comments, if any, concerning domestic industry support, we will issue
the preliminary results of these CCRs.
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these CCRs, including comments on industry
support and the proposed partial revocation language. Comments and
factual information may be submitted to Commerce no later than fourteen
days after the date of publication of this notice. Rebuttal comments
and rebuttal factual information may be filed with Commerce no later
than seven days after the comments and/or factual information are
filed.\9\ All submissions must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\10\ An electronically-
filed document must be received successfully in its entirety by ACCESS,
by 5 p.m.
[[Page 59054]]
Eastern Time on the due dates set forth in this notice. Note that
Commerce has temporarily modified certain requirements for serving
documents containing business proprietary information, until further
notice.\11\
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\9\ Submissions of rebuttal factual information must comply with
19 CFR 351.301(b)(2).
\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 41363 (July
10, 2020).
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Preliminary and Final Results of the CCRs
Commerce intends to publish in the Federal Register a notice of the
preliminary results of these AD and CVD CCRs in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i). Commerce will set forth its preliminary
factual and legal conclusions in that notice. Unless extended, Commerce
will issue the final results of these CCRs in accordance with the time
limits set forth in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: September 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-21155 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P
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