Notice2025-07133
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Cambodia: Final Affirmative Determination of Sales at Less Than Fair Value
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
April 25, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells) from Cambodia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2023, through March 31, 2024.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 79 (Friday, April 25, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17392-17395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07133]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-003]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Cambodia: Final Affirmative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
imports of crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells) from Cambodia are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is April 1, 2023, through March 31,
2024.
DATES: Applicable April 25, 2025.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Joshua Weiner, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 or (202)
482-3902, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2024, Commerce published the Preliminary
Determination, in which we also postponed the final determination until
April 18, 2025.\1\ Commerce invited interested parties to comment on
the Preliminary Determination. A summary of the events that occurred
since Commerce published the Preliminary Determination, as well as a
full discussion of the issues raised by parties for this final
determination, may be found in the Issues and Decision Memorandum.\2\
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Malaysia: Affirmative Preliminary
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 89 FR
96207 (December 4, 2024) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than Fair Value in the
Investigation of Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules from Cambodia,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are solar cells from
Cambodia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from Cambodia, Malaysia, and
Thailand: Preliminary Scope Decision Memorandum,'' dated November
27, 2024 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
We received comments from parties on the Preliminary Scope Decision
Memorandum, which we addressed in the Final Scope Decision
Memorandum.\4\ We made no changes to the scope of the investigation
from the scope published in the Preliminary Determination, as provided
in Appendix I to this notice.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from Cambodia, Malaysia,
Thailand, and the Socialist Republic of Vietnam: Final Scope
Decision Memorandum,'' dated concurrently with this notice (Final
Scope Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues
[[Page 17393]]
addressed in the Issues and Decision Memorandum is attached to this
notice as Appendix II.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned to
the mandatory respondents in this investigation, Hounen Solar Inc. Co.
Ltd. (Hounen), and Solar Long PV Tech Cambodia Co. (Solar Long) an
estimated weighted-average dumping margin based on adverse facts
available (AFA), pursuant to sections 776(a) and (b) the Act.\5\ As a
result, Commerce did not conduct verification of these companies.
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 89 FR 96227.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
We revised the export subsidy offset based on the final
determination of the companion CVD investigation. For a discussion of
these changes, see the Issues and Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that
Commerce shall determine an estimated weighted-average dumping margin,
i.e., all-others rate, for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters or producers individually investigated, excluding rates that
are zero, de minimis, or determined entirely under section 776 of the
Act.
The estimated weighted-average dumping margins in this
investigation are determined entirely under section 776 of the Act.
When no estimated weighted-average dumping margins other than zero, de
minimis, or those determined entirely under section 776 of the Act have
been established for individually examined companies, in accordance
with section 735(c)(5)(B) of the Act, Commerce typically calculates a
simple average of the dumping margins alleged in the petition, and
applies the results as the estimated weighted-average dumping margin
for all other producers and exporters not individually examined.\6\ In
the Petition,\7\ the American Alliance for Solar Manufacturing Trade
Committee (the petitioner) alleged a single dumping margin for
Cambodia, 125.37 percent.\8\ Therefore, consistent with our practice
and the statute,\9\ the all-others rate in this investigation is 125.37
percent.
---------------------------------------------------------------------------
\6\ Id.
\7\ See Petitioner's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from Cambodia,
Malaysia, Thailand, and the Socialist Republic of Vietnam, Petitions
for the Imposition of Antidumping and Countervailing Duties'' dated
April 24, 2024 (Petition).
\8\ See Initiation Notice, 89 FR 43812.
\9\ See Dioctyl Terephthalate from Poland: Final Affirmative
Determination of Sales at Less Than Fair Value, 90 FR 14117 (March
28, 2025); see also Thermal Paper from Spain: Final Determination of
Sales at Less Than Fair Value, 86 FR 54162 (September 30, 2021).
---------------------------------------------------------------------------
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
------------------------------------------------------------------------
Cash deposit rate
Weighted- average (adjusted for
Exporter or producer dumping margin export subsidies)
(percent) (percent)
------------------------------------------------------------------------
Hounen Solar Inc. Co. Ltd......... * 125.37 117.18
Solar Long PV Tech Cambodia Co.... * 125.37 117.18
All Others........................ 125.37 117.18
------------------------------------------------------------------------
* Rate is based on AFA.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a final determination within five days of
any public announcement or, if there is no public announcement, within
five days of the date of publication of the notice of preliminary
determination in the Federal Register, in accordance with 19 CFR
351.224(b). However, consistent with the Preliminary Determination,
because Commerce applied total AFA to determine the estimated weighted-
average dumping margin for each of the individually examined companies,
Hounen and Solar Long, in this final determination, and the applied AFA
rate is based solely on the Petition, there are no calculations to
disclose.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend the liquidation of all entries of subject merchandise, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption in the United States on or
after December 4, 2024, the date of publication of the Preliminary
Determination in the Federal Register.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), where appropriate, Commerce will instruct CBP to require a
cash deposit for estimated antidumping duties. To determine the cash
deposit rate, Commerce normally adjusts the estimated weighted-average
dumping margin by the amount of export subsidies determined in a
companion countervailing duty (CVD) investigation when CVD provisional
measures are in effect. Accordingly, where Commerce has made a
preliminary affirmative determination for subsidies that are export
contingent, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate export subsidy rate(s). Any
such adjusted rates may be found in the ``Preliminary Determination''
chart above. Should provisional measures in the companion CVD
investigation expire prior to the expiration of provisional measures in
this LTFV investigation, Commerce will direct CBP to begin collecting
estimated antidumping duty cash deposits unadjusted for countervailed
export subsidies at the time that the provisional CVD measures expire.
Accordingly, Commerce intends to instruct CBP as follows: (1) the cash
deposit rate for exporters of subject merchandise listed above will be
equal to the company-specific estimated weighted-average dumping
margin, appropriately adjusted for export subsidies, determined in this
final determination; (2) if the exporter is not a company identified
above but the producer is, then the cash deposit rate will be equal to
the company-specific estimated weighted-average dumping margin,
appropriate adjusted for export subsidies, established for that
producer of the subject merchandise; and (3) the
[[Page 17394]]
cash deposit rate for all other producers and exporters will be equal
to the estimated weighted-average dumping margin, appropriated adjusted
for export subsidies, for all other producers and exporters.
These suspension of liquidation instructions and cash deposit
requirements will remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its final affirmative
determination of sales at LTFV. Because Commerce's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will make its final determination as to whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports or sales (or the likelihood of
sales) for importation of aluminum extrusions no later than 45 days
after this final determination. If the ITC determines that such injury
does not exist, this proceeding will be terminated, all cash deposits
posted will be refunded, and suspension of liquidation will be lifted.
If the ITC determines that such injury does exist, Commerce will issue
an antidumping duty order directing CBP to assess, upon further
instruction by Commerce, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed in the ``Continuation of Suspension of
Liquidation'' section above.
Administrative Protective Order
This notice serves as the final reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable
violation.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: April 18, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
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 investigations.
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<SUP>2</SUP> 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<SUP>2</SUP> to 33,782
mm<SUP>2</SUP> 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
[[Page 17395]]
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.
Further excluded from the scope of the investigation are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per
panel, (C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure, (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
2. Off-grid small portable crystalline silicon photovoltaic
panels, with or without a glass cover, with the following
characteristics: (A) a total power output of 200 watts or less per
panel, (B) a maximum surface area of 16,000 cm\2\ per panel, (C) no
built-in inverter, (D) an integrated handle or a handle attached to
the package for ease of carry, (E) one or more integrated kickstands
for easy installation or angle adjustment, and (F) a wire either
permanently connected or attached to the package terminates in
waterproof connector with a cylindrical positive electrode and a
rectangular negative electrode with the positive and negative
electrodes having an interlocking structure.
Also excluded from the scope of the investigation are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per
panel, (C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure, (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
2. Small off-grid panels with glass cover, with the following
characteristics: (A) surface area from 3,450 mm<SUP>2</SUP> to
33,782 mm<SUP>2</SUP>, (B) with one black wire and one red wire
(each of type 22 AWG or 28 AWG not more than 350 mm in length when
measured from panel extrusion), (C) not exceeding 10 volts, (D) not
exceeding 1.1 amps, (E) not exceeding 6 watts, and (F) for the
purposes of this exclusion, no panel shall contain an internal
battery or external computer peripheral ports.
Additionally excluded from the scope of the investigation are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 175 watts or
less per panel, (B) a maximum surface area of 9,000 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure; (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
2. Off grid CSPV panels without a glass cover, with the
following characteristics, (A) a total power output of 220 watts or
less per panel, (B) a maximum surface area of 16,000 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 encased in
a laminated material without stitching.
Also excluded from the scope of this investigation 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.
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 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
investigations is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Adjustments To Cash Deposit Rates For Export Subsidies
V. Discussion of the Issue
Comment: Calculation of the All-Others Rate
VI. Recommendation
[FR Doc. 2025-07133 Filed 4-24-25; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on April 25, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.