Notice2025-07138
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Thailand: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances
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 countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from Thailand. The period of investigation (POI) is January 1, 2023, through December 31, 2023.
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 17380-17384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07138]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-549-852]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Thailand: Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination of Critical
Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of crystalline silicon photovoltaic cells, whether or not assembled
into modules (solar cells), from Thailand. The period of investigation
(POI) is January 1, 2023, through December 31, 2023.
DATES: Applicable April 25, 2025.
FOR FURTHER INFORMATION CONTACT: Shane Subler or Henry Wolfe, AD/CVD
Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-6241, and (202)
482-0574, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2024, Commerce published the Preliminary
Determination in the Federal Register, invited interested parties to
comment on the Preliminary Determination, and aligned this
countervailing duty investigation with the final determination in the
less-than-fair value investigation of crystalline silicon photovoltaic
cells, whether or not assembled into modules, from Thailand, in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4).\1\ On January 7, 2025, Commerce
released its Post-Preliminary Analysis.\2\ For a complete discussion of
the events that followed the Preliminary Determination, see the Issues
and Decision Memorandum.\3\ 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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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Thailand: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Affirmative Critical
Circumstances Determination, in Part, and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 80877
(October 4, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Decision Memorandum for the Post-
Preliminary Analysis in the Countervailing Duty Investigation of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from Thailand,'' dated January 7, 2025.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from Thailand,'' 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
Thailand. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In Commerce's Preliminary Scope Memorandum, we set aside a period
of time for parties to raise issues regarding product coverage (i.e.,
scope) in scope-specific case briefs or other written comments on scope
issues.\4\ Between December 27, 2024, and January 3, 2025, Commerce
received a scope case brief and a rebuttal brief from JA Solar USA Inc.
and JA Solar Vietnam Company Limited (collectively, JA Solar) and the
American Alliance for Solar Manufacturing Trade Committee (the
petitioner), respectively.\5\ For a summary of the product coverage
comments and rebuttal responses submitted to the record for this final
determination, and accompanying discussion and analysis of all comments
timely received, see the Final Scope Memorandum.\6\ In the Final Scope
Memorandum, Commerce determined that it is modifying the scope language
as it appeared in the Initiation Notice. See Appendix I.
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\4\ 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).
\5\ See JA Solar's Letter, ``Scope Case Brief,'' dated December
27, 2024; see also Petitioner's Letter, ``Petitioner's Rebuttal
Scope Brief,'' dated January 3, 2025.
\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
As provided in section 782(i) of the Act, in January 2025, Commerce
conducted verification of the subsidy information reported by the Royal
Thai Government (RTG) and Trina Solar Science & Technology (Thailand)
Ltd. (TTL). We also verified information in the quantity and value
questionnaire responses submitted by Runergy PV Technology (Thailand)
Co. Ltd. (Runergy) and Talesun Technologies (Thailand) Co., Ltd.
(Talesun). We used standard verification procedures, including an
examination of relevant accounting records and original source
documents provided by the RTG, TTL, Runergy, and Talesun.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs that were submitted by interested parties
in this
[[Page 17381]]
investigation are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by interested parties and addressed in the
Issues and Decision Memorandum, see Appendix II.
Final Affirmative Determination of Critical Circumstances
Commerce preliminarily determined, in accordance with section
703(e)(1) of the Act and 19 CFR 351.206(c)(1), that critical
circumstances did not exist with respect to imports of solar cells
exported by TTL, but that critical circumstances did exist with respect
to imports of solar cells produced and/or exported by Sunshine
Electrical Energy (Sunshine Electrical), Taihua New Energy (Thailand)
Co. Ltd. (Taihua New Energy), and all other producers and/or
exporters.\7\
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\7\ See Preliminary Determination PDM at 38-41.
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For the final determination, pursuant to section 705(a)(2) of the
Act and 19 CFR 351.206, we continue to find that critical circumstances
exist for Sunshine Electrical and Taihua New Energy. Additionally, we
continue to find that critical circumstances exist for all other
producers and/or exporters not individually examined, and we determine
that critical circumstances exist for TTL. For a full description of
the methodology and results of Commerce's critical circumstances
analysis, see the Issues and Decision Memorandum.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\8\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied, in part, on
facts otherwise available, including with an adverse inference,
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of adverse facts available (AFA), see the Issues and
Decision Memorandum at the section entitled ``Uses of Facts Available
and Application of Adverse Inferences.''
Changes Since the Preliminary Determination
Based on our review and analysis of the information at verification
and comments received from interested parties, we made changes to the
subsidy rate calculations for TTL, Sunshine Electrical, Taihua New
Energy, and all other producers and/or exporters, including the
addition of subsidy programs included in the Post-Preliminary Analysis.
For a discussion of these changes, see the Issues and Decision
Memorandum.
All-Others Rate
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
mandatory respondent, TTL. Section 705(c)(5)(A)(i) of the Act states
that, for companies not individually investigated, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. For this final determination, TTL's subsidy
rate is not zero, de minimis, or determined entirely under section 776
of the Act. Consequently, we have assigned the subsidy rate calculated
for TTL as the rate for all other producers and/or exporters.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2023, through December
31, 2023:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
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Sunshine Electrical Energy.............................. * 799.55
Taihua New Energy (Thailand) Co. Ltd.................... * 799.55
Trina Solar Science & Technology (Thailand) Ltd......... 263.74
All Others.............................................. 263.74
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* Rate based on facts available with adverse inferences.
Disclosure
Commerce intends to disclose the calculations 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 the notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
Because we preliminarily determined that the countervailing duty
(CVD) rate for TTL was de minimis, we did not instruct U.S. Customs and
Border Protection (CBP) to suspend entries of subject merchandise, as
described in Appendix I to this notice, from TTL.\9\ Section
705(c)(4)(C) of the Act provides that in the event of a final
affirmative determination of critical circumstances, when the
preliminary determination under section 703(b) of the Act was negative,
any suspension of liquidation shall apply to unliquidated entries of
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the date on
which the suspension of liquidation was first ordered. Therefore, in
accordance with section 705(c)(4)(C) of the Act, we will now direct CBP
to suspend liquidation of all imports of the subject merchandise from
TTL entered, or withdrawn from warehouse, for consumption on or after
90 days prior to the date of publication of this notice in the Federal
Register, and to require the posting of a cash deposit for such entries
of merchandise.
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\9\ See Preliminary Determination, 89 FR 80875.
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We preliminarily determined that critical circumstances existed for
imports of subject merchandise produced and/or exported by Sunshine
Electrical, Taihua New Energy, and all other producers and/or exporters
not individually examined.\10\ With respect to Sunshine Electrical,
Taihua New Energy, and all other producers and/or exporters not
individually examined, as a result of our Preliminary Determination and
pursuant to sections 703(d)(1)(B) and (d)(2) of the Act, we directed
CBP to suspend liquidation of entries of subject merchandise, as
described in the scope of the investigation section, that were entered,
or withdrawn from warehouse, for consumption on or after July 6, 2024,
which was 90 days prior to the date of the publication of the
Preliminary Determination in the Federal Register.\11\ Pursuant to 19
CFR 351.205(d), we instructed CBP to require a cash deposit equal to
the rates indicated in the Preliminary Determination.\12\ In accordance
with section 703(d) of the Act, on January 31, 2025, we instructed CBP
to discontinue the suspension of liquidation of all entries of subject
merchandise entered or withdrawn from warehouse on or after February 1,
2025. For this final determination, as
[[Page 17382]]
explained in the ``Final Affirmative Determination of Critical
Circumstances'' section above, we continue to determine that critical
circumstances exist for Sunshine Electrical and Taihua New Energy.
Accordingly, we will instruct CBP to continue to suspend liquidation of
all entries of subject merchandise from Sunshine Electrical and Taihua
New Energy entered, or withdrawn from warehouse, for consumption on or
after July 6, 2024, which is 90 days prior to the date of publication
of the Preliminary Determination, through January 31, 2025.
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\10\ Id.
\11\ Id.
\12\ Id.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act with
respect to Sunshine Electrical, Taihua New Energy, and all other
producer and/or exporters not individually examined, and require a cash
deposit of estimated countervailing duties for entries of subject
merchandise in the amounts indicated in the ``Final Determination''
section above. Pursuant to section 705(c)(2) of the Act, if the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated, and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or cancelled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of solar cells
from Thailand. Because Commerce's final determination is affirmative,
in accordance with section 705(b) 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 Thailand no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, this proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue a countervailing duty order
directing CBP to assess, upon further instruction by Commerce,
countervailing duties on all imports of the subject merchandise that
are entered, or withdrawn, for consumption on or after the effective
date of the suspension of liquidation, as discussed above in the
``Suspension of Liquidation'' section.
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
the terms of an APO is a violation subject to sanction.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 705(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
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
[[Page 17383]]
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
II. Background
III. Final Critical Circumstances Determination
IV. Changes Since the Preliminary Determination
V. Subsidies Valuation Information
VI. Use of Facts Otherwise Available and Application of Adverse
Inferences
VII. Benchmarks for Measuring the Adequacy of Remuneration
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Should Reach an Affirmative
Determination of Critical Circumstances
Comment 2: Whether Commerce Erred in Its Calculation of the
``All Others'' Rate
Comment 3: Whether Commerce Has the Legal Authority Under the
World Trade Organization (WTO) Rules and U.S. Law to Investigate
Transnational Subsidies
Comment 4: Policy Lending from Chinese Banks for Belt and Road
Initiative (BRI) Capacity Cooperation Projects
Comment 5: Substantial Evidence for the Cross-Border Provision
of Chinese Polysilicon, Silicon Wafer, Silver Paste, and Solar Glass
for Less Than Adequate Remuneration (LTAR)
Comment 6: Specificity for the Cross-Border Provision of Chinese
Origin Polysilicon, Silicon Wafer, Silver Paste, and Solar Glass for
LTAR
Comment 7: Whether Commerce Should Use Tier Two Benchmarks to
Measure the Benefit Provided by the Cross-Border Provision of
Chinese Silicon Wafers
[[Page 17384]]
Comment 8: Whether Commerce Should Use Tier Two Benchmarks to
Measure the Benefit Provided by the Cross-Border Provision of
Chinese Solar Glass
Comment 9: Whether Commerce Should Use Tier Two Benchmarks to
Measure the Benefit Provided by the Cross-Border Provision of
Chinese Silver Paste
Comment 10: Whether Commerce Should Apply Adverse Facts
Available (AFA) or Otherwise Countervail Short-Term Loans to TTL
Comment 11: Whether Commerce Should Make Downward Adjustments to
TTL's Reported Purchase Prices for Silicon Wafers and Solar Glass
Comment 12: Whether Commerce's Determination That Trina Solar
Co., Ltd. (TCZ) and Trina Solar (Suqian) Silicon Materials Co., Ltd.
(TSM(SQ)) Are ``Authorities'' Is Supported by the Record Evidence
Comment 13: Whether Commerce Made an Error in Its Calculation of
the Benefit Provided by the Royal Thai Government's (RTG's)
Provision of Electricity for LTAR
Comment 14: Whether the Provision of Electricity for LTAR is
Countervailable
Comment 15: Whether Commerce Should Have Selected an Additional
Mandatory Respondent
Comment 16: Whether Commerce Should Apply AFA to Taihua New
Energy (Thailand) Co. Ltd. (Taihua New Energy)
Comment 17: Whether Commerce Should Initiate an Investigation
Into Whether Producers in Malaysia Benefited From the Cross-Border
Provision of Silicon Wafers for LTAR
X. Recommendation
[FR Doc. 2025-07138 Filed 4-24-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 25, 2025.
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