Notice2024-05926
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
March 20, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is revoking, in part, the antidumping duty and countervailing duty 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.
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<title>Federal Register, Volume 89 Issue 55 (Wednesday, March 20, 2024)</title>
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[Federal Register Volume 89, Number 55 (Wednesday, March 20, 2024)]
[Notices]
[Pages 19809-19811]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05926]
[[Page 19809]]
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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 U.S. Department of Commerce (Commerce) is revoking, in
part, the antidumping duty and countervailing duty 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 March 20, 2024.
FOR FURTHER INFORMATION CONTACT: Jose Rivera, 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) 482-0842.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published the antidumping duty and
countervailing duty orders on solar cells from China.\1\ On June 13,
2023, SOURCE Global, PBC (SOURCE Global), an importer of the subject
merchandise, requested, through changed circumstances reviews (CCR),
revocation of 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\ SOURCE
Global's CCR request included a letter from the American Alliance for
Solar Manufacturing (the Alliance), a coalition of domestic producers
of solar cells and petitioner in the underlying investigation, which
stated that the Alliance did not oppose SOURCE Global's request for
changed circumstances reviews and its proposed exclusion language.\3\
On July 31, 2023, 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) (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, ``Request for Changed
Circumstances Review on Certain Off-Grid Small Portable Panels,''
dated June 13, 2023 (CCR Request).
\3\ Id. at Exhibit 15.
\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, 88 FR 49448 (July 31, 2023) (Initiation Notice).
\5\ Id., 88 FR at 49450.
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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 SOURCE Global, and in the absence of any other
interested party comments addressing the issue of domestic industry
support, Commerce preliminarily found that producers accounting for
substantially all of the domestic production of the products to which
the Orders pertain lack interest in the relief provided by those Orders
with respect to CSPV panels, and announced its intention to revoke, in
part, the Orders with respect to these products.\6\ On September 18,
2023 we published the Preliminary Results and provided interested
parties an opportunity to comment and to request a public hearing.\7\
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\6\ 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, 88
FR 63934 (September 18, 2023) (Preliminary Results).
\7\ Id., 88 FR at 63936.
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On October 16, 2023, Commerce received comments from SOURCE Global
and the Alliance.\8\ Commerce did not receive any hearing requests.
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\8\ See SOURCE Global's Letter, ``Comments on the Preliminary
Results,'' dated October 16, 2023 (SOURCE Global's Comments); and
the Alliance's Letter, ``Comments on Preliminary Results,'' dated
October 16, 2023 (Alliance'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 a
revocation date of December 1, 2021 for the AD Order and January 1,
2021 for the CVD Order.\9\ The Alliance, in its comments, did not
oppose Commerce's Preliminary Results and supported SOURCE Global's
proposed effective dates of revocation of December 1, 2021 for the AD
Order and January 1, 2021 for the CVD Order.\10\ Because no party
submitted comments opposing the Preliminary Results of these CCRs, and
the record contains no other information or evidence that call the
Preliminary Results into question, there is no decision memorandum
accompanying this notice and Commerce continues to determine, pursuant
to sections 751(d)(1) and 782(h)(2) of the Act and 19 CFR 351.222(g),
that there are changed circumstances that warrant revocation of the
Orders, in part. Specifically, because 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, 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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\9\ See SOURCE Global's Comments at 5-7.
\10\ See Alliance's Comments at 2.
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Off-grid crystalline silicon photovoltaic 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 180 watts per panel at 155
degrees Celsius;
(B) A surface area of less than 16,000 square centimeters (cm\2\)
per panel;
(C) Include a keep-out area of approximately 1,200 cm\2\ around the
edges of the panel that does not contain solar cells;
(D) Do not include a built-in inverter;
(E) Do not have a frame around the edges of the panel;
(F) Include a clear glass back panel;
(G) Must include a permanently connected wire that terminates in a
two-port rounded rectangular, sealed connector;
(H) Include a thermistor installed into the permanently connected
wire before the two-port connector; and
(I) Include exposed positive and negative terminals at opposite
ends of the panel, not enclosed in a junction box.
The scope description will, henceforth, include the exclusion
language articulated above.
[[Page 19810]]
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 10,000mm2 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.
Additionally excluded from the scope of these Orders are off-grid
small portable crystalline silicon photovoltaic panels, with or without
a glass cover, with the following characteristics: (1) a total power
output of 200 watts or less per panel; (2) a maximum surface area of
16,000 cm2 per panel; (3) no built-in inverter; (4) an integrated
handle or a handle attached to the package for ease of carry; (5) one
or more integrated kickstands for easy installation or angle
adjustment; and (6) 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.
Also excluded from the scope of these Orders are off-grid
crystalline silicon photovoltaic 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 180 watts per panel at 155
degrees Celsius;
(B) A surface area of less than 16,000 square centimeters (cm\2\)
per panel;
(C) Include a keep-out area of approximately 1,200 cm\2\ around the
edges of the panel that does not contain solar cells;
(D) Do not include a built-in inverter;
(E) Do not have a frame around the edges of the panel;
(F) Include a clear glass back panel;
(G) Must include a permanently connected wire that terminates in a
two-port rounded rectangular, sealed connector;
(H) Include a thermistor installed into the permanently connected
wire before the two-port connector; and
(I) Include exposed positive and negative terminals at opposite
ends of the panel, not enclosed in a junction box.
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.\11\
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\11\ See Orders.
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[[Page 19811]]
Application of the Final Results of These Reviews
SOURCE Global requested that Commerce retroactively 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 an automatic liquidation
instruction.'' \12\ 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.\13\
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\12\ See SOURCE Global's Comments at 5-6.
\13\ 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, 2021 for the AD Order and
January 1, 2021 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, 2021, through November 30, 2022 for the AD Order and
January 1, 2021, through December 31, 2021 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, 2021 for the AD Order and January 1,
2021 for 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).
Administrative Protective Order
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
an APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to a judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
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(g).
Dated: March 14, 2024.
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. 2024-05926 Filed 3-19-24; 8:45 am]
BILLING CODE 3510-DS-P
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