Notice2024-23073
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order
Primary source
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Published
October 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that the revocation of the antidumping duty (AD) order and countervailing duty (CVD) order on certain crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China) would likely lead to the continuation or recurrence of dumping and net countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 89 Issue 194 (Monday, October 7, 2024)</title>
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[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Notices]
[Pages 81041-81043]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23073]
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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: Continuation of
Antidumping Duty Order and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that the revocation of the antidumping duty (AD) order and
countervailing duty (CVD) order on certain crystalline silicon
photovoltaic cells, whether or not assembled into modules (solar
cells), from the People's Republic of China (China) would likely lead
to the continuation or recurrence of dumping and net countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable September 20, 2024.
FOR FURTHER INFORMATION CONTACT: Jose Rivera (CVD) and Howard Smith
(AD), AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0842, or (202)
482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published in the Federal Register the
AD Order and CVD Order on solar cells from China.\1\ On February 1,
2024, Commerce initiated the second sunset review of the Orders,\2\
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act). As a result of its review, Commerce determined that revocation of
the Orders would likely lead to the continuation or recurrence of
dumping and net countervailable subsidies, and therefore, notified the
ITC of the magnitude of the margins of dumping and subsidy rates likely
to prevail should the Orders be revoked.\3\
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\1\ See 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); and 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)
(collectively, the Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499
(February 1, 2024).
\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Antidumping
Duty Order, 89 FR 48391 (June 6, 2024), and accompanying Issues and
Decision Memorandum (IDM); see also Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Final Results of the Expedited Second Sunset
Review of the Countervailing Duty Order, 89 FR 48559 (June 7, 2024),
and accompanying IDM.
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On September 20, 2024, the ITC published its determination,
pursuant to sections 751(c) and 752(a) of the Act, that revocation of
the Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\4\
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\4\ See Citation to ITC Notice, 89 FR 78900 (September 20, 2024)
(ITC Final Determination).
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Scope of the Orders
The merchandise covered by the Orders are crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully
[[Page 81042]]
assembled into other products, including, but not limited to, modules,
laminates, panels and building integrated materials.
The Orders covers crystalline silicon photovoltaic cells of
thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of the Orders.
Excluded from the scope of the Orders are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the Orders are crystalline silicon
photovoltaic cells, not exceeding 10,000 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:
(1) 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 the Order 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 the 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 this Order is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under 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, 8507.20.8091, 8541.42.0010,
and 8541.43.0010. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of the
Orders are dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to
[[Page 81043]]
continuation or recurrence of dumping and net countervailable
subsidies, and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the
continuation of the Orders. U.S. Customs and Border Protection will
continue to collect AD and CVD cash deposits at the rates in effect at
the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be
September 20, 2024.\5\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
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\5\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are issued in
accordance with sections 751(c) and 751(d)(2) of the Act, and published
in accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: October 1, 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. 2024-23073 Filed 10-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 7, 2024.
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