Notice2024-11027
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations
Primary source
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Published
May 20, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 89 Issue 98 (Monday, May 20, 2024)</title>
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[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43816-43821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11027]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-555-004, C-557-831, C-549-852, C-552-842]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Cambodia, Malaysia, Thailand, and the Socialist
Republic of Vietnam: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable May 14, 2024.
FOR FURTHER INFORMATION CONTACT: Dusten Horn or Garry Kasparov
(Cambodia), Preston Cox or Scarlet Jaldin (Malaysia), Shane Subler or
Henry Wolfe (Thailand), and Frank Schmitt (the Socialist Republic of
Vietnam (Vietnam)), AD/CVD Operations, Offices I, VI, and VIII,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5075, (202) 482-1397, (202) 482-5041, (202)
482-4275, (202) 482-2000, (202) 482-0574, and (202) 482-4880,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 24, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar cells), from Cambodia, Malaysia, Thailand, and Vietnam
filed in proper form on behalf of The American Alliance for Solar
Manufacturing Trade Committee (the petitioner or Committee).\1\ On May
9, 2024, the petitioner filed an amendment to the Petitions, clarifying
the identity of the members of the Committee.\2\ The CVD petitions were
accompanied by antidumping duty (AD) petitions concerning imports of
solar cells from Cambodia, Malaysia, Thailand, and Vietnam.\3\
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\1\ See Petitioner' Letters, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated April 24, 2024 (the
Petitions); and ``Errata to General Issues Volume I of Antidumping
and Countervailing Duty Petitions,'' dated April 26, 2024.
\2\ See Petitioner's Letter, ``Amendment to Petitions for the
Imposition of Antidumping and Countervailing Duties,'' dated May 9,
2024 (Petition Amendment). The petitioner clarifies that the members
of the Committee are: First Solar, Inc.; Hanwha Q CELLS USA, Inc.;
and Mission Solar Energy LLC. See Petition Amendment at 1.
\3\ See Petitions.
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Between April 26 and May 13, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\4\ Between
April 30 and May 13, 2024, the petitioner filed timely responses to
these requests for additional information.\5\
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\4\ See Commerce's Letters, ``Supplemental Questions,'' dated
April 26, 2024; ``Petition for the Imposition of Countervailing
Duties on Imports of Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled into Modules, from the Kingdom of Cambodia:
Supplemental Questions,'' dated April 30, 2024; ``Petition for the
Imposition of Countervailing Duties on Imports of Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules,
from Malaysia: Supplemental Questions,'' dated April 30, 2024;
``Petition for the Imposition of Countervailing Duties on Imports of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from Thailand: Supplemental Questions,'' dated April
30, 2024; and ``Petition for the Imposition of Countervailing Duties
on Imports of Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the Socialist Republic of Vietnam:
Supplemental Questions,'' dated April 30, 2024, see also Memoranda,
``Phone Call with Counsel to the Petitioner,'' dated May 3, 2024
(May 3, 2024, Memorandum); and ``Phone Call with Counsel to the
Petitioner,'' dated May 13, 2024.
\5\ See Petitioner's Letters, ``Petitioner's Responses to First
Supplemental Questionnaire Regarding General Injury Vol. I of the
Petition,'' dated April 30, 2024 (First General Issues Supplement);
``Petitioner's Response to First Supplemental Questionnaire
Regarding Cambodia Countervailing Duty Volume VI of the Petition,''
dated May 1, 2024; ``Petitioner's Response to First Supplemental
Questionnaire Regarding Malaysia Countervailing Duty Volume VII of
the Petition,'' dated May 2, 2024; ``Petitioner's Responses to Frist
Supplemental Questionnaire Regarding Thailand Countervailing Duty
Volume VIII of the Petition,'' dated May 3, 2024; ``Petitioner's
Responses to First Supplemental Questionnaire Regarding Vietnam
Countervailing Duty Volume IX of the Petition,'' dated May 3, 2024;
``Petitioner's Response to Second Supplemental Questionnaire
Regarding Cambodia Countervailing Duty Volume VI of the Petition,''
dated May 6; ``Petitioner's Additional Responses to First
Supplemental Questionnaire Regarding Malaysia Countervailing Duty
Volume VII of the Petition,'' dated May 6, 2024; ``Petitioner's
Additional Responses to First Supplemental Questionnaire Regarding
Thailand Countervailing Duty Volume VIII of the Petition,'' dated
May 6, 2024; ``Petitioner's Additional Responses to the Supplemental
Questionnaire Regarding Vietnam Countervailing Duty Volume IX of the
Petition,'' dated May 6, 2024; ``Petitioner's Responses to
Supplemental Questionnaire Phone Call Regarding General Injury Vol.
I of the Petition,'' dated May 7, 2024 (Second General Issues
Supplement); and ``Petitioner's Response to the Third Supplemental
Questionnaire Regarding General Injury Vol. I of the Petition,''
dated May 13, 2024 (Third General Issues Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the
[[Page 43817]]
Government of Cambodia (GOC), the Government of Malaysia (GOM), the
Government of Thailand (GOT), and the Government of Vietnam (GOV)
(collectively, Governments) are providing countervailable subsidies,
within the meaning of sections 701 and 771(5) of the Act, to producers
of solar cells from Cambodia, Malaysia, Thailand, and Vietnam, and that
such imports are materially injuring, or threatening material injury
to, the domestic industry producing solar cells in the United States.
Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for
those alleged programs on which we are initiating CVD investigations,
the Petitions were accompanied by information reasonably available to
the petitioner supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry because the petitioner is an interested party as
defined in section 771(9)(F) of the Act.\6\ Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigations.\7\
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\6\ The majority of the members of the Committee are interested
parties under section 771(9)(C) of the Act; thus, the Committee
qualifies as an interested party under section 771(9)(F) of the Act.
\7\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on April 24, 2024, the periods of
investigation for the Cambodia, Malaysia, Thailand, and Vietnam CVD
investigations are January 1, 2023, through December 31, 2023.\8\
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\8\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The merchandise covered by these investigations are solar cells
from Cambodia, Malaysia, Thailand, and Vietnam. For a full description
of the scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On May 3, 2024, Commerce requested information and clarification
from the petitioner regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\9\ On May
7, 2024, the petitioner provided clarifications and revised the
scope.\10\ The description of merchandise covered by these
investigations, as described in the appendix to this notice, reflects
these revisions.
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\9\ See May 3, 2024, Memorandum.
\10\ See Second General Issues Supplement at 2-6.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\11\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\12\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on June 3,
2024, which is 20 calendar days from the signature date of this
notice.\13\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on June 13, 2024, which is
10 calendar days from the initial comment deadline.
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\11\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\12\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\13\ See 19 CFR 351.303(b)(1).
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\14\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\14\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a handbook
can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\15\
Commerce held consultations with the GOC on May 7, 2024,\16\ the GOV on
May 7, 2024,\17\ the GOM on May 8, 2024,\18\ and the GOT on May 8,
2024.\19\
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\15\ See Commerce's Letters, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from
Malaysia,'' dated April 25, 2024; ``Invitation for Consultation to
Discuss the Countervailing Duty Petition on Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from the
Socialist Republic of Vietnam,'' dated April 25, 2024;
``Countervailing Duty Petition on Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules from the Kingdom of
Cambodia: Invitation for Consultations to Discuss the Countervailing
Duty Petition,'' dated April 26, 2024; and ``Invitation for
Consultation to Discuss the Countervailing Duty Petition on
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the Kingdom of Thailand,'' dated April 26, 2024.
\16\ See Memorandum, ``Consultations with the Government of
Cambodia,'' dated May 7, 2024.
\17\ See Memorandum, ``Consultations with officials from the
Government of the Socialist Republic of Vietnam,'' dated May 7,
2024.
\18\ See Memorandum, ``Consultations with Officials from the
Government of Malaysia'' dated May 9, 2024.
\19\ See Memorandum, ``Consultations with Officials from the
Royal Thai Government,'' dated May 10, 2024.
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Additionally, given the nature of certain subsidy programs alleged
in the Petitions, on May 7, 2024, Commerce issued a letter to the
Government of the People's Republic of China (China), providing the
Government of China with the opportunity to meet with Commerce
officials.\20\ In response to that letter, Commerce forwarded the
letter to officials at the Chinese Embassy in Washington, DC. \21\ On
May 13, 2024, at the request of the Government of China, Commerce met
with officials from China's Ministry of Commerce.\22\
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\20\ See Commerce's Letter, ``Countervailing Duty Petitions on
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules from Cambodia, Malaysia, Thailand and the Socialist
Republic of Vietnam (Vietnam),'' dated May 7, 2024.
\21\ See Memorandum, ``Letter to the Government of the People's
Republic of China,'' dated May 13, 2024.
\22\ See Memorandum, ``Meeting with the People's Republic of
China--Ministry of Commerce,'' dated May 13, 2024.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
[[Page 43818]]
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\23\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\24\
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\23\ See section 771(10) of the Act.
\24\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\25\ Based on our analysis of the information
submitted on the record, we have determined that solar cells, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\26\
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\25\ See Petitions at Volume I (pages 27-31); see also
Petitioner's Letter, ``Response to Comments on Standing and Industry
Support,'' dated May 9, 2024 (Petitioner Response), at 7-12 and
Exhibit 2.
\26\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the
Socialist Republic of Vietnam,'' dated concurrently with, and hereby
adopted by, this notice (Country-Specific CVD Initiation
Checklists), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from
Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam
(Attachment II). These checklists are on file electronically via
ACCESS.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2023 production of the domestic like product for the U.S. producers
that support the Petitions.\27\ The petitioner estimated the production
of the domestic like product for the entire domestic industry based on
the production data from the ITC's 2024 report from its second
monitoring proceeding of the safeguard measures on solar cells and made
certain adjustments to these data to estimate total U.S. production of
the domestic like product in 2023.\28\ The petitioner compared the
production of the supporters of the Petitions to the estimated total
2023 production of the domestic like product for the entire domestic
industry.\29\ We have relied on the data provided by the petitioner for
purposes of measuring industry support.\30\
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\27\ See Petitions at Volume I (pages 9-11 and Exhibits I-3 and
I-19); see also First General Issues Supplement at 3 and Exhibit I-
Supp-5; and Petitioner Response at 16-17 and Exhibits 8-9.
\28\ See Petitions at Volume I (pages 9-11 and Exhibit I-19);
see also First General Issues Supplement at 1-4 and Exhibits I-Supp-
2 through I-Supp-5; and Petitioner Response at 16-17 and Exhibits 9-
10.
\29\ See Petitions at Volume I (pages 9-11 and Exhibits I-3 and
I-19); see also First General Issues Supplement at 1-4 and Exhibits
I-Supp-2 through I-Supp-5; and Petitioner Response at 16-17 and
Exhibits 8-10.
\30\ See Petitions at Volume I (pages 8-11 and Exhibits I-1, I-
2, and I-19); see also First General Issues Supplement at 1-4 and
Exhibits I-Supp-2 through I-Supp-5; Third General Issues Supplement;
and Petitioner Response at 16-17 and Exhibits 8-10. For further
discussion, see Attachment II of the Country-Specific CVD Initiation
Checklists.
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On May 3, 2024, we received timely filed comments on industry
support from NextEra Energy Constructors, LLC (NextEra), a U.S.
importer of solar cells.\31\ On May 7, 2024, we received timely filed
comments on industry support from Illuminate USA LLC (Illuminate), a
U.S. producer of the domestic like product.\32\ On May 7, 2024, we also
received timely filed comments on industry support from Canadian Solar
US Module Manufacturing Corporation, Canadian Solar International
Limited, and Canadian Solar Manufacturing (Thailand) Co., Ltd.
(collectively, Canadian Solar), a U.S. producer of the domestic like
product and foreign producer and exporter of solar cells.\33\ On May 9,
2024, the petitioner responded to the comments from NextEra,
Illuminate, and Canadian Solar in a timely filed rebuttal
submission.\34\
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\31\ See NextEra's Letter, ``Request to Reject the Petitions or
to Poll the Industry,'' dated May 3, 2024.
\32\ See Illuminate's Letter, ``Challenge to Petitioner's
Standing for Domestic Production of Cells and Request to Poll the
Domestic Industry,'' dated May 7, 2024.
\33\ See Canadian Solar's Letter, ``Request to Exclude Hanwha
from Commerce's Industry Support Calculations,'' dated May 7, 2024.
\34\ See Petitioner Response.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Third General Issues Supplement, the Petitioner
Response, and other information readily available to Commerce indicates
that the petitioner have established industry support for the
Petitions.\35\ First, the Petitions established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, Commerce is not
required to take further action to evaluate industry support (e.g.,
polling).\36\ Second, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act because the domestic producers (or workers) who support the
Petitions account for at least 25 percent of the total production of
the domestic like product.\37\ Finally, the domestic producers (or
workers) have met the
[[Page 43819]]
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petitions account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petitions.\38\
Accordingly, Commerce determines that the Petitions were filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.\39\
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\35\ See Petitions at Volume I (pages 2-3 and Exhibits I-3 and
I-4); see also General Issues Supplement at 4-5 and Attachment 2.
For further discussion, see Attachment II of the Country-Specific
CVD Initiation Checklists.
\36\ See Attachment II of the Country-Specific CVD Initiation
Checklists; see also section 702(c)(4)(D) of the Act.
\37\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\38\ Id.
\39\ Id.
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Injury Test
Because Cambodia, Malaysia, Thailand, and Vietnam are ``Subsidies
Agreement Countries'' within the meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to these investigations.
Accordingly, the ITC must determine whether imports of the subject
merchandise from Cambodia, Malaysia, Thailand, and/or Vietnam
materially injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from Cambodia, Malaysia, Thailand, and
Vietnam individually exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.\40\
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\40\ See Petitions at Volume I (pages 40-41 and Exhibit I-32).
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The petitioner contends that the industry's injured condition is
illustrated by the significant and increasing volume of subject
imports; the increase in subject imports' market share; lost sales and
revenues; underselling and price depression and/or suppression; and the
negative impact on capacity utilization, employment, planned expansions
and new facilities, and financial performance.\41\ We assessed the
allegations and supporting evidence regarding material injury, threat
of material injury, causation, cumulation, as well as negligibility,
and we have determined that these allegations are properly supported by
adequate evidence and meet the statutory requirements for
initiation.\42\
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\41\ See Petitions at Volume I (pages 3-8, 26-27, 32-59 and
Exhibits I-4 through I-18, I-25, and through I-53); see also First
General Issues Supplement at 4 and Exhibit I-Supp-6.
\42\ See Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled into Modules, from Cambodia, Malaysia, Thailand,
and Vietnam.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of solar cells from Cambodia, Malaysia, Thailand, and
Vietnam benefit from countervailable subsidies conferred by the GOC,
GOM, GOT, and the GOV, respectively. In accordance with section
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we
will make our preliminary determinations no later than 65 days after
the date of these initiations.
Cambodia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 13 of the 16
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Cambodia CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Malaysia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 18 of the 19
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Malaysia CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Thailand
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 19 of the 20
programs alleged by the petitioner. For a full discussion of the basis
for our decision to initiate on each program, see the Thailand CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Vietnam
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 31 of the 32
of the programs alleged by the petitioner. For a full discussion of the
basis for our decision to initiate on each program, see the Vietnam CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
In the Petitions, the petitioner identified 14 companies in
Cambodia, 27 companies in Malaysia, 23 companies in Thailand, and 50
companies in Vietnam as producers or exporters of solar cells.\43\
Commerce intends to follow its standard practice in CVD investigations
and calculate company-specific subsidy rates in these investigations.
In the event that Commerce determines that the number of known
producers/exporters is large, and it cannot individually examine each
company based upon Commerce's resources, Commerce intends to select
mandatory respondents based on quantity and value (Q&V) questionnaires
issued to the potential respondents. Commerce normally selects
mandatory respondents in CVD investigations using U.S. Customs and
Border Protection (CBP) entry data for U.S. imports under the
appropriate Harmonized Tariff Schedule of the United States (HTSUS)
subheadings listed in the ``Scope of the Investigations'' in the
appendix. However, for these investigations, due to Commerce's
determination that imports of solar cells from Cambodia, Malaysia,
Thailand, and Vietnam are circumventing the CVD order on solar cells
from the People's Republic of China,\44\ we plan to use CBP data only
to identify the largest producers/exporters, and we will further refine
that data to increase accuracy by issuing Q&V questionnaires to the
largest producer/exporters accounting for the largest volume of exports
and select respondents for individual examination based on by issuing
Q&V questionnaires.
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\43\ See Petitions at Volume I (page 23 and Exhibit I-23); see
also April 30, 2024, Questionnaire Response at Exhibit 1-Supp-1; and
May 7, 2024, Questionnaire Response at Exhibit-I-Supp2-2.
\44\ See Antidumping and Countervailing Duty Orders on
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Final Scope
Determination and Final Affirmative Determinations of Circumvention
With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR
57419 (August 23, 2023).
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Due to the large number of producers and/or exporters identified in
each country, Commerce has determined to limit the number of Q&V
questionnaires
[[Page 43820]]
that it will issue to exporters and producers based on CBP data for
entries of solar cells under the appropriate HTSUS subheadings listed
in the ``Scope of the Investigations,'' in the appendix. Accordingly,
for Malaysia, Thailand, and Vietnam, Commerce will send Q&V
questionnaires to the largest producers and/or exporters that are
identified in the CBP entry data for which there is complete address
information on the record.
With respect to Cambodia, Commerce intends to send Q&V
questionnaires to all producers and/or exporters that are identified in
the Petitions for which there is complete address information on the
record.
Commerce will also post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Exporters/producers of solar cells from Cambodia,
Malaysia, Thailand, and Vietnam that do not receive Q&V questionnaires
may still submit a response to the Q&V questionnaire and can obtain a
copy of the Q&V questionnaire from Commerce's website. Responses to the
Q&V questionnaire must be submitted by the relevant producers/exporters
no later than 5:00 p.m. on May 28, 2024, which is two weeks from the
signature date of this notice. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above. Commerce intends to finalize its
decision regarding respondent selection within 20 days of publication
of this notice.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOC, GOM, GOT, and GOV via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of solar cells from Cambodia, Malaysia,
Thailand, and/or Vietnam are materially injuring, or threatening
material injury to, a U.S. industry.\45\ A negative ITC determination
for any country will result in the investigation being terminated with
respect to that country.\46\ Otherwise, these CVD investigations will
proceed according to statutory and regulatory time limits.
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\45\ See section 703(a)(1) of the Act.
\46\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \47\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\48\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\47\ See 19 CFR 351.301(b).
\48\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\49\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\50\
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\49\ See 19 CFR 351.302.
\50\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\51\
Parties must use the certification formats provided in 19 CFR
351.303(g).\52\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\51\ See section 782(b) of the Act.
\52\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
<a href="https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\53\
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\53\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
[[Page 43821]]
Dated: May 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.
Appendix
Scope of the Investigations
The merchandise covered by these investigations 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 investigations 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 investigations.
Excluded from the scope of the investigations 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 investigations 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 investigations 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 investigations 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 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 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 investigations: 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
twoport rectangular connector.
Additionally excluded from the scope of these investigations 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 cm\2\ 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 8 mm diameter male barrel connector.
Also excluded from the scope of these investigations 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 twoport connector; and (I) include exposed
positive and negative terminals at opposite ends of the panel, not
enclosed in a junction box.
Modules, laminates, and panels produced in a third-country from
cells produced in a subject country are covered by the
investigations; however, modules, laminates, and panels produced in
a subject country from cells produced in a third-country are not
covered by the investigations.
Also excluded from the scope of these investigations are all
products covered by the scope of the antidumping and countervailing
duty orders on 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); and
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Countervailing
Duty Order, 77FR 7,017 (December 7, 2012).
Merchandise covered by the investigations is currently
classified in the Harmonized Tariff System of the United States
(HTSUS) under subheadings 8541.42.0010 and 8541.43.0010. Imports of
the subject merchandise may enter under HTSUS subheadings
8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000,
8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000,
8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041,
8507.20.8061, and 8507.20.8091. These HTSUS subheadings are provided
for convenience and customs purposes; the written description of the
scope of the investigations is dispositive.
[FR Doc. 2024-11027 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 20, 2024.
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