Notice2025-19032
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Reviews and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part
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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
September 30, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
Based on a request from Nextracker LLC (Nextracker), the U.S. Department of Commerce (Commerce) is initiating and issuing preliminary results of changed circumstances reviews (CCRs) of the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic cells (solar cells), whether or not assembled into modules, from the People's Republic of China (China) to revoke the orders, in part, with respect to certain products. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Notices]
[Pages 46795-46797]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19032]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Initiation and
Preliminary Results of Changed Circumstances Reviews and Intent To
Revoke the Antidumping and Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Nextracker LLC (Nextracker), the U.S.
Department of Commerce (Commerce) is initiating and issuing preliminary
results of changed circumstances reviews (CCRs) of the antidumping duty
(AD) and countervailing duty (CVD) orders on crystalline silicon
photovoltaic cells (solar cells), whether or not assembled into
modules, from the People's Republic of China (China) to revoke the
orders, in part, with respect to certain products. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable September 30, 2025.
FOR FURTHER INFORMATION CONTACT: Maureen Shaheen, Acting Director,
Office of Antidumping Policy, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published the AD and CVD orders on
solar cells from China.\1\ On June 27, 2025, Nextracker, an importer of
solar cells, requested that Commerce initiate CCRs to revoke the
Orders, in part, with respect to certain products, pursuant to section
751(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.216(b).\2\ Nextracker stated that it qualifies as an importer
of solar cells currently subject to duties and, as such, is an
interested party.\3\
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\1\ See 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) (CVD
Order); and Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (AD Order)
(collectively, Orders).
\2\ See Nextracker's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules, from the People's
Republic of China: Request for Changed Circumstances Review,'' dated
June 27, 2025 (Nextracker's CCR Request).
\3\ Id.
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On June 30, 2025, the American Alliance for Solar Manufacturing
(the petitioner), filed a letter of no opposition to Nextracker's CCR
Request.\4\ On July 15, 2025, Bila Solar, Inc. and Sunspark Group each
filed a letter of no opposition to Nextracker's CCR Request.\5\ On July
18 and July 21, 2025, Commerce received letters of no opposition from
Jinko Solar and Canadian Solar, respectively.\6\
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\4\ See Petitioner's Letter, ``The American Alliance for Solar
Manufacturing's Letter of No Opposition to Nextracker's CCR
Request,'' dated June 30, 2025 (Petitioner's Letter of No
Opposition).
\5\ See Bila Solar, Inc.'s Letter, ``Bila Solar Inc. Letter of
No Opposition to Nextracker's CCR Request,'' dated July 15, 2025
(Bila Solar's Letter of No Opposition); and Sunspark Group's Letter,
``Sunspark Group Letter of No Opposition to Nextracker's CCR
Request,'' dated July 15, 2025 (Sunspark's Letter of No Opposition).
\6\ See Jinko Solar Inc.'s Letter, ``Jinko Solar Inc. Letter of
No Opposition to Nextracker's CCR Request,'' dated July 18, 2025
(Jinko Solar's Letter of No Opposition); and Canadian Solar's
Letter, ``Canadian Solar Letter of No Opposition to Nextracker's CCR
Request,'' dated July 15, 2025 (Canadian Solar's Letter of No
Opposition).
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Scope of the Orders <SUP>7</SUP>
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\7\ See Orders.
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The merchandise covered by these Orders 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.
These Orders cover crystalline silicon photovoltaic cells of
thickness equal to
[[Page 46796]]
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 this order.
Excluded from the scope of these Orders 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 these Orders are crystalline
silicon photovoltaic cells, not exceeding 10,000mm2 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.
Modules, laminates, and panels produced in a third-country from
cells produced in the PRC are covered by these Orders; however,
modules, laminates, and panels produced in the PRC from cells produced
in a third-country are not covered by this order.
Merchandise covered by these Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.
U.S. Customs and Border Protection (CBP) provided notification that
HTSUS number 8501.31.8000 should be added to the scope of these Orders,
as certain articles under this number may fall within the scope.
Scope of the CCRs
The products subject to the proposed partial revocation are Off-
grid solar cells panels for dedicated powering of a single low-voltage
device (60Vdc or less) that:
1. Have a glass cover;
2. Have an aluminum frame around the edges of each panel;
3. Have a total power output of 140 watts or less per panel;
4. Are of an elongated rectangular shape such that the long side
is at least 3.5 times the length of the short side;
5. Have a surface area of less than 8,200 cm2 per panel;
6. Connect to device with 12-16 American Wire Gauge wires
between 1200 mm and 1310 mm in length; and
7. Do not include a built-in inverter.
Nextracker describes the first of the two products as a self-powered
controller, which measures the tilt of the panels and controls the
tracker position.\8\ The second product is a weather sensor which
monitors weather conditions to initiate protective measures during
extreme weather events.\9\ Both products are less powerful and smaller
compared to typical solar panels and are produced to provide power to
Nextracker components rather than to compete with other photovoltaic
models.\10\
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\8\ See Nextracker's CCR Request.
\9\ Id. at 8.
\10\ Id. at 8
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Initiation of CCRs
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
CCR upon receipt of a request from an interested party that shows
changed circumstances sufficient to warrant a review of the order. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Nextracker, along with substantially all of
the domestic industry's support, shows changed circumstances sufficient
to warrant a review of the Orders.
Preliminary Results of the CCRs and Intent To Revoke the Orders, in
Part
Section 351.221(c)(3)(ii) of Commerce's regulations permits
Commerce to combine the notice of initiation of a CCR and the notice of
preliminary results if Commerce concludes that expedited action is
warranted.\11\ In this instance, because the record contains
information necessary to make a preliminary finding, we find that
expedited action is warranted and have combined the notice of
initiation and the notice of preliminary results.\12\
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\11\ See 19 CFR 351.221(c)(3)(ii); see also Certain Pasta from
Italy: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, 80 FR 33480, 33480-41 (June 12, 2015)
(Pasta from Italy CCR Prelim), unchanged in Certain Pasta from
Italy: Final Results of Changed Circumstances Review, 80 FR 48807
(August 14, 2015) (Pasta from Italy CCR Final).
\12\ See, e.g., Pasta from Italy CCR Prelim, 80 FR at 33480-41,
unchanged in Pasta from Italy CCR Final, 80 FR at 48807.
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Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an AD or CVD order, in whole or in part, based on a
review under section 751(b) of the Act (i.e., a CCR). Section 782(h)(2)
of the Act gives Commerce the authority to revoke an order if producers
accounting for substantially all of the production of the domestic like
product have expressed a lack of interest in the order. Section
351.222(g) of Commerce's regulations provides that Commerce will
conduct a CCR of an AD or CVD order under 19 CFR 351.216, and may
revoke an order (in whole or in part), if it concludes that: (i)
producers accounting for substantially all of the production of the
domestic like product to which the order pertains have expressed a lack
of interest in the relief provided by the order, in whole or in part;
or (ii) if other changed circumstances sufficient to warrant revocation
exist. Thus, both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for Commerce to revoke the order, in whole or in part.\13\ In
its administrative practice, Commerce has interpreted ``substantially
all'' to represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\14\
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\13\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\14\ See, e.g., Honey from Argentina: Antidumping and
Countervailing Duty Changed Circumstances Reviews; Preliminary
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina:
Final Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 77029 (December 31, 2012).
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As explained above, domestic solar cells producers, including the
original petitioner and four other domestic solar cells producers, have
expressed no interest in opposing Nextracker's CCR Request.\15\
Substantially all of the domestic industry appears to have no interest
in maintaining the Orders with respect to the specific products which
are the subject of Nextracker's CCR Request.\16\
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\15\ See Petitioner's Letter of No Opposition; Bila Solar's
Letter of No Opposition; Sunspark's Letter of No Opposition; Jinko
Solar's Letter of No Opposition; and Canadian Solar's Letter of No
Opposition.
\16\ See Petitioner's Letter of No Opposition; Bila Solar's
Letter of No Opposition; Sunspark's Letter of No Opposition; Jinko
Solar's Letter of No Opposition; and Canadian Solar's Letter of No
Opposition.
[[Page 46797]]
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In the absence of any other interested party comments addressing
the issue of domestic industry support, we preliminarily conclude
that producers accounting for substantially all of the production of
the domestic like product to which the Orders pertain lack interest
in the relief provided by the Orders with respect to solar cells
that are the subject of Nextracker's revocation request. Thus, we
preliminarily determine that changed circumstances warrant
revocation of the Orders, in part, with respect to such off-grid
solar cells as described by Nextracker. Accordingly, we are
notifying the public of our intent to revoke the Orders, in part,
with respect to solar cells described in the ``Scope of the CCRs''
section above.
Further, the domestic industry does not oppose Nextracker's CCR Request
that the scope exclusion language should be retroactive to January 1,
2022. However, our practice is to limit retroactive revocation to
entries not covered by an ongoing administrative review.\17\ Therefore,
if we make a final determination to revoke the Orders, in part, then we
intend to apply the partial revocation to unliquidated entries of
merchandise subject to the CCRs that were entered or withdrawn from
warehouse, for consumption, on or after January 1, 2024, for the CVD
Order and December 1, 2024, for the AD Order.
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\17\ See Barium Chloride from the People's Republic of China and
India: Final Results of Changed Circumstances Reviews and Revocation
of the Antidumping Duty and Countervailing Duty Orders, 89 FR 87852
(November 5, 2024).
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Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs no later than 14 days after the date of publication
of this notice.\18\ Rebuttal briefs, limited to issues raised in the
case briefs, may be filed no later than five days after the due date
for case briefs.\19\
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\18\ Commerce is exercising its discretion under 19 CFR
351.309(c)(1)(ii) to alter the time limit for the filing of case
briefs.
\19\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In these CCRs, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\20\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the executive summaries as the basis of the comment
summaries included in the Issues and Decision Memorandum that will
accompany the final results in these CCRs. We request that interested
parties include footnotes for relevant citations in the executive
summary of each issue. Note that Commerce has amended certain of its
requirements pertaining to the service of documents in 19 CFR
351.303(f).\21\ An electronically filed document must be received
successfully in its entirety via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) by 5:00 p.m. Eastern Time on the day on which it is
due. ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>.
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\20\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\21\ See APO and Service Final Rule.
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Final Results of Reviews
Unless extended, consistent with 19 CFR 351.216(e), Commerce
intends to issue the final results of these CCRs no later than 270 days
after the date on which these reviews were initiated or 45 days if all
parties agree to the outcome of the reviews. If, in the final results
of these reviews, Commerce continues to determine that changed
circumstances warrant the revocation of the Orders, in part, we will
instruct U.S. Customs and Border Protection (CBP) to liquidate without
regard to antidumping or countervailing duties, and to refund any
estimated antidumping or countervailing duties deposited on all
unliquidated entries of the merchandise covered by the revocation on or
after January 1, 2024, for the CVD Order and December 1, 2024, for the
AD Order. The current requirement for cash deposits of estimated
antidumping or countervailing duties on all entries of subject
merchandise will continue unless they are modified pursuant to the
final results of these CCRs.
Notification to Interested Parties
This initiation notice and preliminary results are published in
accordance with section 751(b)(1) of the Act, 19 CFR 351.221(b)(1), and
19 CFR 351.221(c)(3)(ii).
Dated: September 25, 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.
[FR Doc. 2025-19032 Filed 9-29-25; 8:45 am]
BILLING CODE 3510-DS-P
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