Notice2023-04575
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
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Published
March 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 8, 2022, the U.S. Department of Commerce (Commerce) received a request for 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) from Shenzen Hello Tech Energy Co., Ltd. (Hello Tech) with respect to certain off-grid small portable crystalline silicon photovoltaic (CSPV) panels as described below. We preliminary determine to revoke, in part, the solar cells AD and CVD orders with respect to these products. Interested parties are invited to comment on these preliminary results.
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<title>Federal Register, Volume 88 Issue 44 (Tuesday, March 7, 2023)</title>
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[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14131-14133]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04575]
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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: On August 8, 2022, the U.S. Department of Commerce (Commerce)
received a request for 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) from Shenzen Hello
Tech Energy Co., Ltd. (Hello Tech) with respect to certain off-grid
small portable crystalline silicon photovoltaic (CSPV) panels as
described below. We preliminary determine to revoke, in part, the solar
cells AD and CVD orders with respect to these products. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable March 7, 2023.
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 that Commerce
conduct changed circumstances reviews (CCR) to find that it is
appropriate to revoke the Orders, in part, 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\
Hello Tech's CCR request included a letter from the American Alliance
for Solar Manufacturing (the Alliance) (a coalition of domestic
producers of solar cells), which stated that the Alliance did not
oppose Hello Tech's request for changed circumstances reviews and its
proposed exclusion language.\3\ On September 29, 2022, we published the
notice of initiation of the requested CCRs.\4\ 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.\5\ We
received no comments or factual information.
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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.
\4\ 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, 87 FR 59052 (September 29, 2022) (Initiation Notice).
\5\ Id., 87 FR at 59053.
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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.
[[Page 14132]]
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 mm2 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 mm2 to 33,782 mm2 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 cm2 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 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.
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 (cm2) 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.\6\
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\6\ See Orders.
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Scope of the CCRs
Hello Tech requests that Commerce revoke the Orders, in part, to
exclude from the scope off-grid small portable crystalline silicon
photovoltaic panels, with or without a glass cover, with the following
characteristics:
(A) a total power output of 200 watts or less per panel;
(B) a maximum surface area of 16,000 cm\2\ per panel;
(C) no built-in inverter;
(D) an integrated handle or a handle attached to the package for
ease of carry;
(E) one or more integrated kickstands for easy installation or
angle adjustment; and
(F) a wire of not less than 3 meters either permanently connected
or attached to the package that terminates in an 8 mm diameter male
barrel connector.
Preliminary Results of CCRs and Intent To Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an AD or CVD order, in whole or in part, based on a
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1)
of the Act requires a CCR to be conducted upon receipt of a request
which shows changed circumstances sufficient to warrant a review.
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 of an AD or CVD order 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.\7\ In
its administrative practice, Commerce has interpreted ``substantially
all'' to represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\8\
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\7\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\8\ See, e.g., 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), 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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Hello Tech submitted a letter from the Alliance, a coalition of
U.S. producers of the domestic like product, which stated that the
Alliance did not oppose the changed circumstances reviews or the
specific exclusion language proposed by Hello Tech.\9\ In that letter,
the Alliance did not indicate its share of production of the domestic
like
[[Page 14133]]
product.\10\ Thus, Commerce was unable to 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 Orders with respect to the off-grid small portable CSPV panels
under consideration here. As a result, Commerce did not issue a
combined notice of initiation and preliminary results in these
CCRs.\11\ Instead, as stated above, 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. Accordingly, we find that the domestic industry has
expressed no opposition with respect to the proposed revocation, in
part, of the Orders.
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\9\ See CCR Request at Exhibit 7.
\10\ Id.; see also Initiation Notice.
\11\ See Initiation Notice.
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In light of the Alliance's statement of lack of interest in
maintaining the Orders with respect to the off-grid small portable CSPV
panels described by Hello Tech, and in the absence of any other
interested party comments addressing the issue of domestic industry
support, we preliminarily conclude that producers accounting for
substantially all of the production of the domestic like product to
which the Orders pertain lack interest in the relief provided by the
Orders with respect to the off-grid small portable CSPV panels that are
the subject of Hello Tech's CCR request. Thus, we preliminarily
determine that changed circumstances warrant revocation of the Orders,
in part, with respect to such panels. Accordingly, we are notifying the
public of our intent to revoke the Orders, in part, with respect to the
off-grid small portable CSPV panels described in the ``Scope of the
CCRs'' section above.
If we make a final determination to revoke the Orders in part, then
Commerce will apply this determination to each order as follows.
Because we have completed administrative reviews of the Orders, the
partial revocation will be retroactively applied to unliquidated
entries of merchandise subject to the CCRs that were entered or
withdrawn from warehouse, for consumption, on or after the day
following the last day of the period covered by the most recently
completed administrative reviews of the Orders, and which are not
covered by automatic liquidation.
We will consider comments from interested parties on these
preliminary results before issuing the final results of these CCRs.\12\
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\12\ See, e.g., 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.
Rebuttal comments, limited to issues raised in written comments, may be
filed no later than seven days after the due date for initial
comments.\13\ All submissions must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\14\ ACCESS is available
to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. 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.\15\
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\13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\14\ See generally 19 CFR 351.303.
\15\ 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.
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Final Results of the CCRs
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.\16\ If, in the
final results of these reviews, Commerce continues to determine that
changed circumstances warrant the revocation of the Orders, in part, we
will instruct U.S. Customs and Border Protection (CBP) to liquidate
without regard to ADs or CVDs, and to refund any estimated ADs and CVDs
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.
The current requirement for cash deposits of estimated ADs and CVDs on
all entries of subject merchandise will continue unless they are
modified pursuant to the final results of these changed CCRs.
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\16\ See 19 CFR 351.216(e).
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These preliminary results of these reviews 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: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-04575 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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