Notice2024-24299
Crystalline Silicon Photovoltaic Products, Whether or Not Assembled Into Modules, From the People's Republic of Taiwan: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation of the Antidumping Order, in Part
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 21, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a request from Lutron Electronics Co., Inc. (Lutron), the U.S. Department of Commerce (Commerce) is initiating a changed circumstances review (CCR) to consider the possible revocation, in part, of the antidumping duty (AD) order on crystalline silicon photovoltaic products (solar products) from Taiwan with respect to certain small, low-wattage, off grid crystalline silicon photovoltaic (CSPV) cells as described below.
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<title>Federal Register, Volume 89 Issue 203 (Monday, October 21, 2024)</title>
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[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84118-84120]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24299]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Crystalline Silicon Photovoltaic Products, Whether or Not
Assembled Into Modules, From the People's Republic of Taiwan: Notice of
Initiation of Changed Circumstances Review, and Consideration of
Revocation of the Antidumping Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Lutron Electronics Co., Inc. (Lutron),
the U.S. Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) to consider the possible revocation, in
part, of the antidumping duty (AD) order on crystalline silicon
photovoltaic products (solar products) from Taiwan with respect to
certain small, low-wattage, off grid crystalline silicon photovoltaic
(CSPV) cells as described below.
DATES: Applicable October 21, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published the AD order on solar
products from Taiwan.\1\ On August 28, 2024, Lutron, a domestic
producer, importer and exporter of subject merchandise, requested,
through a CCR, revocation of the Order, in part, with respect to
certain small, low-wattage, off-grid CSPV cells, pursuant to section
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.216(b).\2\ Within its Lutron's CCR request, Lutron included a
letter from the American Alliance for Solar Manufacturing (the
Alliance), a domestic interested party in this proceeding, in which the
Alliance stated that it did not oppose the partial revocation of the
Order proposed by Lutron.\3\ No interested parties filed comments
opposing the CCR request.
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\2\ See Lutron's Letter, ``Lutron Electronics Co., Inc.'s
Request for Changed Circumstances Reviews and Request to Combine
Initiation and Preliminary Results,'' dated August 28, 2024 (CCR
Request).
\3\ Id. at Exhibit 2 and 3.
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Scope of the Order
The merchandise covered by the Order is crystalline silicon
photovoltaic cells, and modules, laminates and/or panels consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including building integrated
materials.
Subject merchandise includes 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.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by the Order. However, modules,
laminates, and panels produced in Taiwan from cells produced in a
third-country are not covered by the Order.
Excluded from the scope of the Order 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 Order are crystalline silicon photovoltaic cells, not
exceeding 10,000mm\2\ in surface area, that are permanently integrated
into a consumer good whose function is other than power generation and
that
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consumes the electricity generated by the integrated crystalline
silicon photovoltaic cells. 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.
Further, also excluded from the scope of the Order are any products
covered by the existing antidumping and countervailing duty orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules, from the People's Republic of China (PRC).\4\
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\4\ 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).
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Also excluded from the scope of the Order are modules, laminates,
and panels produced in the PRC from crystalline silicon photovoltaic
cells produced in Taiwan that are covered by an existing proceeding on
such modules, laminates, and panels from the PRC.
Additionally, excluded from the scope of these orders are solar
panels that are: (1) less than 300,000mm\2\ in surface area; (2) less
than 27.1 watts in power; (3) coated across their entire surface with a
polyurethane doming resin; and (4) joined to a battery charging and
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box
that incorporates a light emitting diode (LED)) by coated wires that
include a connector to permit the incorporation of an extension cable .
The battery charging and maintaining unit utilizes high-frequency
triangular pulse waveforms designed to maintain and extend the life of
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available
under the registered trademark ``SolarPulse.''
Merchandise covered by the Order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 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 Order is dispositive.
Proposed Partial Revocation of the Order
The products subject to the proposed revocation are certain small,
low-wattage, off-grid CSPV cells that are permanently attached to an
aluminum extrusion that controls natural light, whether or not
assembled into a fully completed automation device that controls
natural light.
Lutron requests that the following language to be added to the
scope of the Order to implement the requested exclusion:
Also excluded from the scope of these investigations are off-
grid CSPV panels in rigid form, with or without a glass cover,
permanently attached to an aluminum extrusion that is an integral
component of an automation device that controls natural light,
whether or not assembled into a fully completed automation device
that controls natural light, with the following characteristics:
1. A total power output of 20 watts or less per panel;
2. A maximum surface area of 1,000 cm\2\ per panel;
3. Does not include a built-in inverter for powering third party
devices.\5\
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\5\ See Lutron's Letter at 3.
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Initiation of CCR and Consideration of Revocation of the Order, in Part
Pursuant to section 751(b)(1) of the Act, when Commerce receives
information concerning, or a request from an interested party \6\ for a
review of, a final affirmative determination that resulted in an AD
order, which shows changed circumstances sufficient to warrant a review
of an order, Commerce shall conduct a CCR of the order.\7\ In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Lutron and the letter of no opposition to
partial revocation of the Order with respect to the products described
by Lutron constitute a sufficient basis to conduct a CCR of the
Order.\8\
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\6\ Lutron stated in its CCR Request that it is an U.S. importer
of solar panels. As such, Lutron is an interested party pursuant to
section 771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii).
\7\ See 19 CFR 351.216(d).
\8\ See CCR Request at Exhibit 2.
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In its administrative
practice, Commerce has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\9\ One
domestic interested party, the Alliance, stated that it does not object
to the partial revocation of the Order proposed by Lutron.
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\9\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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However, because the Alliance did not indicate whether it accounts
for substantially all of the U.S. production of the domestic like
product covered by the Order, we are not combining this notice of
initiation with a preliminary determination, pursuant to 19 CFR
351.221(c)(3)(ii).\10\ Rather, we will provide interested parties with
an opportunity to address the issue of domestic industry support with
respect to the partial revocation of the Order, as explained below.
After examining comments, if any, concerning domestic industry support,
we will issue the preliminary results of this CCR.
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\10\ In the event that Commerce determines an expedited action
is warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine
the notices of initiation and preliminary results.
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Public Comment
Interested parties are invited to provide comments and/or factual
information regarding this CCR, including comments on industry support
and the proposed partial revocation language. Comments and factual
information may be submitted to Commerce no later than 14 days after
the date of publication of this notice. Rebuttal comments and rebuttal
factual information may be filed with Commerce no later than seven days
after the comments and/or factual information are filed.\11\ All
submissions must be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS).\12\ An electronically filed document must be
received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time
on the due dates set forth in this notice. Note that Commerce has
temporarily modified certain requirements for serving documents
containing business proprietary information, until further notice.\13\
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\11\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2).
\12\ See, generally, 19 CFR 351.303.
\13\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023).
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Preliminary and Final Results of the CCR
Commerce intends to publish in the Federal Register a notice of the
preliminary results of this CCR in accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i). Commerce will set forth its preliminary factual and
legal conclusions in that notice. Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an opportunity to comment on the
preliminary results. Unless extended, Commerce will issue the final
results of this CCR in accordance with the time limits set forth in 19
CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act, 19 CFR 351.216(b) and 19 CFR 351.221(c)(3).
Dated: October 15, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-24299 Filed 10-18-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 21, 2024.
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