Notice2025-07135
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: 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 crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is April 1, 2023, through March 31, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 79 (Friday, April 25, 2025)</title>
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[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17376-17380]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07135]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-830]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Malaysia: 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
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar cells), from Malaysia are being, or are likely to be,
sold in the United States at less than fair value (LTFV). The period of
investigation is April 1, 2023, through March 31, 2024.
DATES: Applicable April 25, 2025.
FOR FURTHER INFORMATION CONTACT: Patrick Barton or Elizabeth Talbot
Russ, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0012
or (202) 482-5516 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.\2\ On January 6, 2025, Commerce
published the Amended Preliminary Determination.\3\
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\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 Preliminary Determination, 89 FR 96209.
\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Malaysia: Amended Preliminary
Determination of Less-Than-Fair-Value Investigation, 90 FR 601
(January 6, 2025), and accompanying memorandum, ``Analysis of
Ministerial Error Allegation in the Preliminary Determination,''
dated December 30, 2024.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, may be found in the Issues and Decision
Memorandum.\4\ 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>.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from Malaysia,'' dated concurrently
with, and hereby adopted by, this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are solar cells from
Malaysia. 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.\5\ We received comments from parties on the Preliminary Scope
Decision Memorandum, which we addressed in the Final Scope Decision
Memorandum.\6\ 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.
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\5\ 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).
\6\ 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).
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Verification
In accordance with section 782(i) of the Tariff Act of 1930, as
amended (the Act), Commerce conducted verification of the information
relied upon in making its final determination in this investigation.
Specifically, Commerce conducted on-site verifications of the
information and data on the sales and cost of production of Hanwha Q
Cells Malaysia Sdn. Bhd (Hanwha Q Cells) and Jinko Solar Technology
Sdn. Bhd. (Jinko Solar).\7\ We used standard
[[Page 17377]]
verification procedures, including an examination of relevant sales and
accounting records, and original source documents provided by Hanwha Q
Cells and Jinko Solar.
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\7\ See Memoranda, ``Verification of the Questionnaire Responses
of Hanwha Q Cells,'' dated February 3, 2025; ``Verification of the
Questionnaire Responses of Jinko Solar,'' dated February 3, 2025;
``Verification of the Questionnaire Responses of Jinko Solar U.S.
Entities,'' dated February 5, 2025; ``Verification of the Cost
Response of Hanwha Q CELLS Malaysia Sdn. Bhd.,'' dated March 20,
2025; ``Verification of the Cost Response of Hanwha Q CELLS Malaysia
Sdn. Bhd.,'' dated March 21, 2025; and ``Verification of the Cost
Response of Jinko Solar Technology Sdn. Bhd.,'' dated March 20,
2025.
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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 addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Changes Since the Preliminary Determination
We have made certain changes to the margin calculations for Hanwha
Q Cells and Jinko Solar since the Preliminary Determination. For a
discussion of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
As discussed in the Preliminary Determination, Commerce assigned an
estimated weighted-average dumping margin on the basis of adverse facts
available (AFA), pursuant to sections 776(a) and (b) of the Act, to
four companies (i.e., Baojia New Energy Manufacturing Sdn. (Baojia New
Energy), CRC Solar Cell Joint Stock Company (CRC Solar), Lynter
Enterprise, and Mega PP Sdn. Bhd. (Mega PP)) that were non-responsive
to the quantity and value questionnaire.\8\ There is no new information
on the record that would cause us to revisit our decision in the
Preliminary Determination. Accordingly, for the reasons explained in
the Preliminary Determination, and consistent with Commerce's practice,
as AFA, we assigned the highest corroborated dumping margin alleged in
the petition to Baojia New Energy, CRC Solar, Lynter Enterprise, and
Mega PP.\9\
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\8\ See Preliminary Determination, 89 FR 96208.
\9\ Id.; see also Preliminary Determination PDM at 8-9.
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and/or
exporters not individually investigated shall be equal to the weighted
average of the estimated weighted-average dumping margins established
for exporters and producers individually investigated excluding rates
that are zero, de minimis, or determined entirely under section 776 of
the Act, i.e., facts otherwise available.
In this investigation, Commerce assigned a zero rate to Hanwha Q
Cells. Therefore, the only rate that is not zero, de minimis, or based
entirely on facts otherwise available is the rate calculated for Jinko
Solar. Consequently, the rate calculated for Jinko Solar is also
assigned as the rate for all other producers and/or exporters.
Final Determination
The final estimated weighted-average dumping margins for the period
April 1, 2023, through March 31, 2024, are as follows:
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Cash deposit rate
Estimated (adjusted for
Exporter/producer weighted- average subsidy
dumping margin offset(s))
(percent) (percent)
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Hanwha Q Cells Malaysia Sdn. Bhd.. 0.00 0.00
Jinko Solar Technology Sdn. Bhd... 8.59 1.92
Baojia New Energy Manufacturing * 81.24 * 81.24
Sdn..............................
CRC Solar Cell Joint Stock Company * 81.24 * 81.24
Lynter Enterprise................. * 81.24 * 81.24
Mega PP Sdn. Bhd.................. * 81.24 * 81.24
All Others........................ 8.59 1.92
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* Rates based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of any public announcement, or if there is no public announcement,
within five days of the date of the publication of this notice in the
Federal Register, in accordance with 19 CFR 351.224(b).
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 liquidation of entries of subject merchandise, as described in
Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption, on or after December 4, 2024, the date of
publication of the Preliminary Determination in the Federal Register,
except for entries of subject merchandise produced and exported by
Hanwha Q Cells. These suspension of liquidation instructions will
remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, with the exception of
entries of subject merchandise produced and exported by Hanwha Q Cells,
for which no cash deposit is required, we will instruct CBP to require
a cash deposit for estimated antidumping duties for such entries as
follows: (1) the cash deposit rate for the respondents listed in the
table above will be equal to the company-specific estimated weighted-
average dumping margin determined in this final determination; (2) if
the exporter is not a respondent listed in the table above, but the
producer is, then the cash deposit rate will be equal to the company-
specific estimated weighted-average dumping margin listed for the
producer of the subject merchandise; and (3) the cash deposit rate for
all other producers and exporters will be equal to the all-others
estimated weighted-average dumping margin listed in the table above.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) investigation.
[[Page 17378]]
Accordingly, because Commerce made an affirmative final determination
for countervailable export subsidies,\10\ Commerce has offset the
estimated weighted-average dumping margin by the appropriate export
subsidy rate. Any such adjusted cash deposit rate may be found in the
``Final Determination'' section above. However, suspension of
liquidation of provisional measures in the companion CVD case has been
discontinued; \11\ therefore, we are not instructing CBP to collect
cash deposits based upon the adjusted estimated weighted-average
dumping margin for those export subsidies at this time.
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\10\ 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) (Solar Cells from Malaysia CVD Prelim); see also
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, From Malaysia: Amended Preliminary Determination of
Countervailing Duty Investigation, 89 FR 88232 (November 7, 2024).
\11\ See Solar Cells from Malaysia CVD Prelim; see also section
703(d) of the Act, which states that the provisional measures may
not be in effect for more than four months, which in the companion
CVD case is 120 days after the publication of the preliminary
determination, or February 1, 2025 (i.e., the last day provisional
measures are in effect).
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Because the estimated weighted-average dumping margin for Hanwha Q
Cells is zero percent, entries of shipments of subject merchandise that
are produced and exported by Hanwha Q Cells will not be subject to
suspension of liquidation or cash deposit requirements. In such
situations, Commerce also applies the exclusion to the provisional
measures to the producer/exporter combination that was examined in the
investigation. Accordingly, Commerce will direct CBP to not suspend
merchandise produced and exported by Hanwha Q Cells. However, entries
of subject merchandise in any other producer/exporter combination,
e.g., merchandise produced by a third party and exported by Hanwha Q
Cells, or produced by Hanwha Q Cells and exported by a third party, are
subject to suspension of liquidation at the all-others rate.
Further, because the estimated weighted-average dumping margin is
zero for subject merchandise produced and exported by Hanwha Q Cells,
entries of such merchandise will be excluded from the potential
antidumping duty order. Such an exclusion will not be applicable to
merchandise exported to the United States by this respondent in any
other producer/exporter combinations or by third parties that sourced
subject merchandise from the excluded producer/exporter combination.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the 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 solar
cells from Malaysia 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 (APO)
This notice serves as the 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). 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 subject to sanction.
Notification to Interested Parties
This determination is 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\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
[[Page 17379]]
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.
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\2\ to 33,782 mm\2\,
(B) with one black wire and one red wire (each of type 22AWG 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
[[Page 17380]]
II. Background
III. Changes Since the Preliminary Determination
IV. Affiliation and Single Entity Treatment
V. Discussion of the Issues
Comment 1: Whether Commerce Should Continue to Adjust Jinko
Solar's Indirect Selling Expenses (ISE) Ratio Calculation
Comment 2: Whether Commerce Should Deduct Section 201 Duties
from Jinko Solar's Constructed Export Price (CEP)
Comment 3: Whether Commerce Should Deduct Certain Movement
Expenses from Jinko Solar's CEP
Comment 4: Whether Commerce Should Assign Jinko Solar's
Weighted-Average Dumping Margin to Jinko Solar Malaysia Sdn. Bhd.
(JSM)
Comment 5: Whether Commerce Should Apply the Cohen's d Test to
Calculate Jinko Solar's Weighted-Average Dumping Margin
Comment 6: Whether Commerce Should Increase Jinko Solar's
Reported Total Cost of Manufacturing (TOTCOM)
Comment 7: Whether Commerce Should Revise the Market Price of
Aluminum Frames
Comment 8: Whether Commerce Should Add Certain Expenses Booked
by JSM in Fiscal Year (FY) 2023 to the General and Administrative
Expense (G&A) Ratio
Comment 9: Whether Commerce Should Increase Jinko Solar's TOTCOM
to Incorporate Retrenchment Benefits
Comment 10: Whether Commerce Should Include All Foreign
Exchange-Related Gains and Losses in the Net Financial Expenses
Comment 11: Whether Commerce Should Impute Interest on Interest-
Free Loans from Affiliated Parties
VI. Recommendation
[FR Doc. 2025-07135 Filed 4-24-25; 8:45 am]
BILLING CODE 3510-DS-P
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