Notice2024-25872
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: Amended Preliminary Determination of Countervailing Duty Investigation
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Published
November 7, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the preliminary affirmative countervailing duty determination on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from Malaysia to correct for significant ministerial errors.
Full Text
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<title>Federal Register, Volume 89 Issue 216 (Thursday, November 7, 2024)</title>
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[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88232-88234]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25872]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-831]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Malaysia: Amended Preliminary Determination of
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminary affirmative countervailing duty determination on
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar
[[Page 88233]]
cells), from Malaysia to correct for significant ministerial errors.
DATES: Applicable November 7, 2024.
FOR FURTHER INFORMATION CONTACT: Preston Cox or Scarlet Jaldin, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5041 or (202) 482-4275,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 703(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.205(b), on October 4, 2024, Commerce
published its preliminary affirmative countervailing duty determination
on solar cells from Malaysia.\1\ On October 8, 2024, we received timely
ministerial error allegations from the American Alliance for Solar
Manufacturing Trade Committee (the petitioner) and Jinko Solar
Technology Sdn. Bhd. (Jinko Solar Technology) that Commerce made
significant ministerial errors in the Preliminary Determination with
respect to the subsidy rate calculated for Jinko Solar Technology (JST)
and its affiliates Jinko Solar (Malaysia) Sdn. Bhd. and Omega Solar
Sdn. Bhd. (Omega) (collectively, Jinko Solar).\2\
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Malaysia: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 80861
(October 4, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``Ministerial Error Comments
Regarding the Preliminary Determination,'' dated October 8, 2024
(Petitioner's Ministerial Error Allegation); see also Jinko Solar's
Letter, ``Jinko Ministerial Error Allegation,'' dated October 8,
2024 (Jinko Solar's Ministerial Error Allegation).
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Period of Investigation
The period of investigation (POI) is January 1, 2023, through
December 31, 2023.
Scope of the Investigation
The product covered by this investigation is solar cells from
Malaysia. For a complete description of the scope of this
investigation, see the appendix to this notice.
Analysis of Significant Ministerial Error Allegations
According to 19 CFR 351.224(e), Commerce will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination. A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \3\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the countervailing duty (CVD) rate
calculated in the original preliminary determination; or (2) a
difference between a CVD rate of zero (or de minimis) and a CVD rate
greater than de minimis, or vice versa.\4\
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\3\ See section 705(e) of the Act.
\4\ See 19 CFR 351.224(g).
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Amended Preliminary Determination
Consistent with 19 CFR 351.224(e), Commerce is amending the
Preliminary Determination to reflect the correction of two ministerial
errors made in the calculation of the countervailable subsidy rate for
Jinko Solar.\5\ First, when calculating Jinko Solar's countervailable
subsidy rate, we incorrectly calculated one of Jinko Solar's
denominators, used for the purposes of calculating the ad valorem
subsidy rate. Commerce finds that correction of this error submitted by
the petitioner results in a change that is both at least five absolute
percentage points in, and not less than 25 percent of, the subsidy rate
calculated for Jinko Solar in the Preliminary Determination. As such,
we find that there is a significant ministerial error within the
meaning of sections 705(e) of the Act, and 19 CFR 351.224(f) and
(g)(1). Therefore, we are correcting for this error by amending the
Preliminary Determination, consistent with 19 CFR 351.224(e), and
revising the calculations with regard to Jinko Solar's subsidy rate,
the all-others rate, and the adverse facts available (AFA) rate.
Additionally, when calculating the countervailable subsidy rate
attributable to Jinko Solar under the Exemption of Import Duties and
Sales Taxes for Raw Materials, Machinery, Equipment, and Spare Parts/
Accessories through Licensed Manufacturing Warehouses (LMWs) program,
we inadvertently summed the benefits for both the LMW program and the
Free Trade Zone (FTZ) program to calculate the raw materials LMW
benefit, resulting in double-counting of the benefits from the FTZ
program for raw materials imports. We find that this allegation
constitutes a ministerial error within the meaning of 19 CFR
351.224(f). Although by itself, this error is not ``significant''
within the meaning of 19 CFR 351.224(g), because correcting for this
error in combination with the error alleged by the petitioner satisfies
the requirements of 19 CFR 351.224(g)(1), we are correcting for both
errors by amending the Preliminary Determination, consistent with 19
CFR 351.224(e).
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\5\ See Memorandum, ``Countervailing Duty Investigation of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from Malaysia: Ministerial Error Allegations in the
Preliminary Determination,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Ministerial Error Memorandum).
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For a complete discussion of these ministerial errors, see the
Preliminary Ministerial Error Memorandum.
Amended Preliminary Determination
As a result of correcting the ministerial errors described above,
we determine the following amended preliminary net countervailable
subsidy rates for Jinko Solar and all other producers/exporters, and
the AFA subsidy rate:
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Subsidy rate
Company (percent ad
valorem)
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Hanwha Q CELLS Malaysia Sdn. Bhd........................ * 14.72
Jinko Solar Technology Sdn Bhd and its cross-owned 9.92
companies: Jinko Solar (Malaysia) Sdn. Bhd. and Omega
Solar Sdn. Bhd.........................................
Baojia New Energy....................................... ** 124.78
Pax Union Resources SDN BHD............................. ** 124.78
SunMax Energy SDN BHD................................... ** 124.78
All Others.............................................. 12.32
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* Rate unchanged from the Preliminary Determination.
** Rate based on AFA.
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be established according to the rates calculated in this amended
preliminary determination. Because the amended rates for Jinko Solar,
all-others, and non-responsive companies result in increased cash
deposits, they will be effective retroactively to October 4, 2024, the
date of the publication of the Preliminary Determination. Parties will
be notified of this determination, in accordance with section 703(d)
and (f) of the Act.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public
[[Page 88234]]
announcement of the amended preliminary determination, in accordance
with 19 CFR 351.224.
Notification to Interested Parties
This notice is issued and published pursuant to sections 703(f) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: October 31, 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 Investigation
The merchandise covered by this investigation 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.
This investigation 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 investigation.
Excluded from the scope of the investigation 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 investigation 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 investigation 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 investigation 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 investigation: 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 this investigation 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 this investigation 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
investigation; however, modules, laminates, and panels produced in a
subject country from cells produced in a third-country are not
covered by the investigation.
Also excluded from the scope of this investigation 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, 77 FR 73017 (December 7, 2012).
Merchandise covered by the investigation 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
investigation is dispositive.
[FR Doc. 2024-25872 Filed 11-6-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 7, 2024.
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