Notice2025-07139
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the Socialist Republic of Vietnam: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
Primary source
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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 the Socialist Republic of Vietnam (Vietnam) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2023, through March 31, 2024.
Full Text
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[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17388-17392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07139]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-841]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the Socialist Republic of Vietnam: Final Affirmative
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
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 the Socialist Republic of Vietnam (Vietnam)
are being, or are likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation is October 1, 2023,
through March 31, 2024.
DATES: Applicable April 25, 2025.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Deborah Cohen, 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) 482-4243 or (202)
482-4521, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 4, 2024, Commerce published the Preliminary
Determination in the Federal Register and invited interested parties to
comment.\1\ On January 2, 2025, Commerce published the Amended
Preliminary Determination.\2\ A summary of the events that occurred
since Commerce published the Preliminary Determination, may be found in
the Issues and Decision Memorandum.\3\
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules From the Socialist Republic of Vietnam:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Preliminary Affirmative Determination of Critical
Circumstances, in Part, and Postponement of Final Determination and
Extension of Provisional Measures, 89 FR 96219 (December 4, 2024)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum (PDM); see also Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the Socialist Republic
of Vietnam: Amended Preliminary Determination of Less-Than-Fair-
Value Investigation, 90 FR 85 (January 2, 2025).
\2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the Socialist Republic of Vietnam:
Amended Preliminary Determination of Less-Than-Fair-Value
Investigation, 90 FR 85 (January 2, 2025), and accompanying
memorandum, ``Ministerial Error Allegations Regarding the
Preliminary Determination,'' dated December 23, 2024.
\3\ 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 the Socialist Republic of Vietnam
and Final Affirmative Determination of Critical Circumstances, in
Part,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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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>.
Scope of the Investigation
The products covered by this investigation are solar cells from
Vietnam. 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 Preliminary Scope Decision
Memoranda to address these comments and set aside a period of time for
parties to address scope issues in scope-specific case and rebuttal
briefs.\4\ We received comments from interested parties on the
Preliminary Scope Decision Memoranda, which we address in the Final
Scope Decision Memorandum.\5\ We made no changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in Appendix I to this notice.
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\4\ See Memorandum, ``Memoranda, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from
Cambodia, Malaysia, and Thailand: Preliminary Scope Decision
Memorandum,'' dated November 27, 2024, and ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from
Vietnam,'' dated November 27, 2024 (collectively, Preliminary Scope
Decision Memoranda).
\5\ See Memorandum, ``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 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, between November 12 and 24, 2024, Commerce conducted on-
site verifications of the sales and factors of production information
submitted by JA Solar Vietnam Co. Ltd (JA Solar) and Jinko Solar
(Vietnam) Industries Company Limited (Jinko).\6\ We used standard
verification procedures, including an examination of relevant
accounting records and original source documents provided by JA Solar
and Jinko.
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\6\ See Memoranda, ``Verification of the Sales and Factors of
Production Questionnaire Responses of JA Solar Vietnam Co. Ltd
(JAVN) and JA Solar USA, Inc. (JA Solar US) (collectively, JA
Solar),'' dated February 24, 2025, and ``Verification of Jinko Solar
(Vietnam) Industries Co. Ltd.,'' dated February 24, 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
Based on our review and analysis of the information received during
verification and comments received from interested parties for this
final determination, we made certain changes to the estimated weighted-
average dumping margins for JA Solar and Jinko. For a discussion of
these changes, see the Issues and Decision Memorandum.
Final Affirmative Determination of Critical Circumstances, in Part
In accordance with section 735(a)(3)(B) of the Act, and 19 CFR
[[Page 17389]]
351.206(h), Commerce finds for the final determination that critical
circumstances do not exist with respect to imports of solar cells for
the mandatory respondents and the non-selected companies eligible for a
separate rate.\7\ We continue to find that critical circumstances exist
with respect to the Vietnam-wide entity pursuant to section 776(b) of
the Act.\8\ For a full description of the methodology and the results
of Commerce's critical circumstances analysis, see the Issues and
Decision Memorandum.
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\7\ See Issues and Decision Memorandum at Comment 29, ``Critical
Circumstances.''
\8\ See Preliminary Determination, 89 FR 96219.
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Use of Adverse Facts Available (AFA)
As discussed in the Preliminary Determination, Commerce assigned an
estimated weighted-average dumping margin on the basis of AFA, pursuant
to sections 776(a) and (b) of the Act, to the Vietnam-wide entity
(including, but not limited to, eleven companies which did not rebut
the presumption of government control).\9\ No party commented on our
findings with respect to the Vietnam-wide entity and use of the highest
corroborated dumping margin alleged in the petition as the appropriate
rate assigned to the Vietnam-wide entity. Therefore, Commerce continues
to find, pursuant to sections 776(a) and (b) of the Act, that the use
of facts otherwise available, with adverse inferences, is warranted in
determining the dumping rate for the Vietnam-wide entity, and we
continue to assigned the highest dumping margin alleged in the
petition, i.e., 271.28 percent, as the applicable AFA rate, which
continues to be corroborated by the highest transaction-specific
margins calculated for the mandatory respondents.\10\
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\9\ See Preliminary Determination PDM at 15-16.
\10\ See Memorandum, ``Jinko's Final Analysis Memorandum'' dated
concurrently with this memorandum (Jinko's Final Analysis Memo) at
Attachment 3 (SAS Output) and see also, memorandum, ``Final Analysis
Memorandum for JA Solar Vietnam Co. Ltd (JAVN) and JA Solar USA,
Inc. (JA Solar US) (collectively, JA Solar),'' dated concurrently
with this memorandum at Attachment 3, which indicate the highest
transaction-specific margins calculated for each respondent.
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Separate Rates
No interested party commented on Commerce's preliminary separate-
rate determinations,\11\ as such, we have no basis to reconsider those
determinations. Accordingly, we continue to find that JA Solar, Jinko,
and certain non-individually examined companies that are listed in the
``Final Determination'' rate table below, are eligible for a separate
rate.
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\11\ Id. at 12-16.
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Combination Rates
Consistent with the Preliminary Determination, and Policy Bulletin
05.1,\12\ Commerce calculated combination rates for the respondents
that are eligible for a separate rate.
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\12\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at
<a href="https://access.trade.gov/Resources/policy/bull05-1.pdf">https://access.trade.gov/Resources/policy/bull05-1.pdf</a>.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2023, through March 31,
2024:
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Estimated Cash deposit rate
weighted-average (adjusted for
Producer Exporter dumping margin subsidy offsets)
(percent) (percent)
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JA Solar Vietnam Co. Ltd./JA Solar PV...... JA Solar Vietnam Co. Ltd..... 58.07 52.54
Jinko Solar (Vietnam) Industries Company Jinko Solar (Vietnam) 125.91 120.38
Limited. Industries Company Limited.
Blue Moon Vina Co.......................... Blue Moon Vina Co............ 82.65 77.12
Boviet Solar Technology Co., Ltd........... Boviet Solar Technology Co., 82.65 77.12
Ltd.
Elite Solar Technology (Vietnam) Company Elite SNG.................... 82.65 77.12
Limited.
Letsolar Vietnam Company Limited........... Letsolar Vietnam Company 82.65 77.12
Limited.
Mecen Solar Vina Co., Ltd.................. Mecen Solar Vina Co., Ltd.... 82.65 77.12
Nexuns Vietnam Company Limited............. Nexuns Vietnam Company 82.65 77.12
Limited.
Trina Solar Energy Development Company Ltd. Trina Solar Energy 82.65 77.12
Development Company Ltd.
Vietnergy Co., Ltd. and Tainergy Tech Co., Vietnergy Co., Ltd. and 82.65 77.12
Ltd. Tainergy Tech Co., Ltd.
Vietnam Sunergy Joint Stock Company (f.k.a. Vietnam Sunergy Joint Stock 82.65 77.12
Vietnam Sunergy Company Limited). Company (f.k.a. Vietnam
Sunergy Company Limited).
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Vietnam-Wide Entity........................ ............................. * 271.28 271.28
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* This rate is 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)(4) of the Act, because Commerce
continues to find that critical circumstances exist for the Vietnam-
wide entity, we 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 September 5,
2024, which is 90 days prior to the date of publication of the
affirmative Preliminary Determination in the Federal Register.
For the mandatory respondents, JA Solar and Jinko, we will instruct
CBP to continue to suspend liquidation of entries of subject
merchandise, as described in Appendix I of this notice, which are
entered, or withdrawn from warehouse for consumption, on or after
December 4, 2024, the date of publication in the Federal Register of
the Preliminary Determination.
For the separate rate companies, because Commerce has made a
negative final determination with regard to critical circumstances,
Commerce will instruct CBP to continue to suspend liquidation of all
appropriate entries which were entered, or withdrawn from
[[Page 17390]]
warehouse, for consumption on or after December 4, 2024, the date of
publication in the Federal Register of the Preliminary Determination
and, in accordance with section 735(c)(3) of the Act, Commerce will
instruct CBP to terminate any retroactive suspension of liquidation
required under section 733(e)(2) of the Act, release any bond or other
security, and refund any cash deposit required, under section
733(d)(1)(B) of the Act, with respect to entries of subject merchandise
the liquidation of which was suspended retroactively under section
733(e)(2) of the Act before December 4, 2024.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), upon the publication of this notice, Commerce will instruct
CBP to require a cash deposit for estimated antidumping duties for
appropriate entries. Specifically, Commerce will instruct CBP to
require cash deposits of estimated antidumping duties for all
appropriate entries as follows: (1) for the producer/exporter
combinations listed in the table above, the applicable cash deposit
rate is listed in the table for that combination; (2) for all
combinations of Vietnamese producers/exporters of the subject
merchandise that have not established eligibility for a separate rate,
the cash deposit rate will be equal to the cash deposit rate listed for
the Vietnam-wide entity in the table above; and (3) for all third-
country exporters of subject merchandise that are not listed in the
table above, the cash deposit rate is the cash deposit rate applicable
to the Vietnamese producer/exporter combination or the Vietnam-wide
entity that supplied that third-country exporter. These suspension of
liquidation instructions will remain in effect until further notice.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
CVD investigation, when CVD provisional measures are in effect.
Accordingly, because Commerce made an affirmative final determination
for countervailable export subsidies, Commerce has offset the estimated
weighted-average dumping margin by the appropriate export subsidy rate.
Commerce has continued to adjust the cash deposit rate for export
subsidies in the companion CVD investigation by the appropriate export
subsidy rate as indicated in the above chart. However, suspension of
liquidation of provisional measures in the companion CVD case has been
discontinued; \13\ 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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\13\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the Socialist Republic of Vietnam:
Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Critical Circumstances Determination, in
Part, and Alignment of Final Determination With Final Antidumping
Duty Determination, 89 FR 80867 (October 4, 2024); 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 January 31, 2025 (i.e., last day provisional
measures are in effect).
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U.S. International Trade Commission (ITC)
In accordance with section 735(d) of the Act, we will notify the
ITC of this final affirmative determination of sales at LTFV. Because
the final determination in this investigation 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 of solar cells no later than 45 days after this final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded or canceled, 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 instructions by Commerce, antidumping duties on
all imports of the subject merchandise that are entered, or withdrawn
from warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Continuation of
Suspension of Liquidation'' section above.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
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 determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) 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 investigation.
Excluded from the scope of the investigation are thin film
photovoltaic products produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the investigation are
crystalline silicon photovoltaic cells, not exceeding 10,000 mm\2\
in surface area, that are permanently integrated into a consumer
good whose function is other than power generation and that consumes
the electricity generated by the integrated crystalline silicon
photovoltaic cell. Where more than one cell is permanently
integrated into a consumer good, the surface area for purposes of
this exclusion shall be the total combined surface area of all cells
that are integrated into the consumer good.
Additionally, excluded from the scope of the investigation are
panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one
black wire and one red wire (each of type 22 AWG or 24 AWG not more
than 206 mm in length when measured from panel extrusion), and not
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of
this exclusion, no panel shall contain an internal battery or
external computer peripheral ports.
Also excluded from the scope of the investigation are:
(1) Off grid CSPV panels in rigid form with a glass cover, with
the following characteristics: (A) a total power output of 100 watts
or less per panel; (B) a maximum surface area of 8,000 cm\2\ per
panel; (C) do
[[Page 17391]]
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 two
port 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<SUP>2</SUP> to
33,782 mm<SUP>2</SUP>, (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<SUP>2</SUP> per panel; 3. does not include
a built-in inverter for powering third party devices.
Additionally excluded from the scope of the investigation are
off-grid greenhouse shade tracking systems with between 3 and 30
flexible CSPV panels, each permanently affixed to an outer aluminum
frame, with (A) no glass cover, (B) no back sheet, (C) no built-in
inverter, (D) power output of 220 watts or less per panel, (E)
surface area of 10,000 cm squared or less per panel, (F) two clear
plastic trusses per panel permanently attached running lengthwise on
the same side as the junction boxes, (G) visible parallel grid
collector metallic wire lines every 1-4 mm per each cell on same
side as junction box, (H) two rectangular plastic junction boxes per
panel with at least 16 diodes per panel, and (I) encased in an
aluminum frame and laminated without stitching.
Modules, laminates, and panels produced in a third-country from
cells produced in a subject country are covered by the
investigation; however, modules, laminates, and panels produced in a
subject country from cells produced in a third-country are not
covered by the investigation.
Also excluded from the scope of this investigation are all
products covered by the scope of the antidumping and countervailing
duty orders on Crystalline Silicon Photovoltaic Cells, Whether or
Not
[[Page 17392]]
Assembled into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); and
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Countervailing
Duty Order, 77 FR 73017 (December 7, 2012).
Merchandise covered by the investigation is currently classified
in the Harmonized Tariff System of the United States (HTSUS) under
subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject
merchandise may enter under HTSUS subheadings 8501.71.0000,
8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000,
8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000,
8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, and
8507.20.8091. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Final Affirmative Determination of Critical Circumstances, In
Part
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Surrogate Value (SV) for Solar Glass Inputs
Comment 2: SV for Aluminum Frame Inputs
Comment 3: SV for Silver Paste Inputs
Comment 4: SV for 1500V Junction Box Inputs
Comment 5: SV for Glue and/or Silicon Sealant Inputs
Comment 6: SV for Solder and Welding Wire Inputs
Comment 7: SV for Jinko's Polysilicon and Wafers Inputs
Comment 8: SV for Jinko's Ethylenediaminetetraacetic Acid Inputs
Comment 9: SV for Jinko's Dust Free Cloth Inputs
Comment 10: SV for Jinko's Trimethyl Aluminum Inputs
Comment 11: SV for Jinko's Label Inputs
Comment 12: SV for Labor Inputs
Comment 13: SV for Ocean Freight
Comment 14: SV for Marine Insurance
Comment 15: SV for Truck Freight
Comment 16: SV for Brokerage and Handling (B&H) for JA Solar
Comment 17: SV for Domestic Inland Insurance for Jinko
Comment 18: Valuation of the Market-Economy (ME) Purchase Price
for JA Solar's Purchases of Polysilicon
Comment 19: Polysilicon Byproduct and Scrap Offsets for JA Solar
Comment 20: By-Product Offsets for Jinko
Comment 21: Polysilicon as a Byproduct and Input for Jinko
Comment 22: Selection of Surrogate Financial Statements
Comment 23: Deduction of Domestic Warehousing from U.S. Price
for JA Solar
Comment 24: Deduction of Rebate Expense from U.S. Price for JA
Solar
Comment 25: Minor Corrections to the JA Solar's Reported Control
Numbers (CONNUMs)
Comment 26: Minor Corrections to the Response Presented at
Verification
Comment 27: Correct Application of the Cohen's d Test
Comment 28: Treatment of Boviet as a Voluntary Respondent
Comment 29: Critical Circumstances Determination and Methodology
for Separate Rate Respondents
VI. Recommendation
[FR Doc. 2025-07139 Filed 4-24-25; 8:45 am]
BILLING CODE 3510-DS-P
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