[Federal Register Volume 82, Number 64 (Wednesday, April 5, 2017)]
[Notices]
[Pages 16573-16575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06727]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-853, A-570-010, C-570-011]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China and From Taiwan: Final Results of Changed 
Circumstances Reviews, and Revocation of Antidumping Duty Orders and 
Countervailing Duty Order, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On February 16, 2017, the Department of Commerce (the 
``Department'') published its preliminary results of changed 
circumstances reviews (``CCRs'') and intent to revoke, in part, the 
antidumping duty (``AD'') and countervailing duty (``CVD'') orders on 
certain crystalline silicon photovoltaic products from the People's 
Republic of China (``PRC'') and the AD order on certain crystalline 
silicon photovoltaic products from Taiwan (collectively the ``Orders'') 
with respect to certain solar panels. Specifically, the Department 
preliminarily determined that the producers accounting for 
substantially all of the production of the domestic like product to 
which the Orders pertain lacked interest in the relief provided by the 
Orders with respect to certain solar panels that are incorporated in 
the battery charging and maintaining units described below. We invited 
interested parties to comment on the preliminary results. No party 
submitted comments. For the final results of these CCRs, the Department 
is revoking, in part, the Orders as to imports of certain solar panels 
that are incorporated in the battery charging and maintaining units 
described below.

DATES: Effective April 5, 2017.

FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-5193, 
respectively.

Background

    On February 18, 2015, the Department published the Orders in the 
Federal Register.\1\ On April 20, 2016, the Department received a 
request on behalf of PulseTech Products Corporation (``PulseTech'') for 
CCRs to revoke, in part, the Orders with respect to certain stand-alone 
solar panels and certain solar panels incorporated in a specific type 
of battery charging and maintaining unit.\2\ In subsequent submissions 
filed between May 12, 2016, and September 2, 2016, PulseTech modified 
the description of the exclusion request for solar panels incorporated 
in certain battery charging and maintaining units. On September 6, 
2016, SolarWorld Americas, Inc. (``Petitioner'') stated that it agrees 
with the scope exclusion language proposed by PulseTech.\3\ Ultimately 
PulseTech withdrew its request for changed circumstances reviews with 
respect to the stand-alone solar panels not incorporated in battery 
charging and maintaining units.\4\
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (Feb. 18, 2015); see also 
Certain Crystalline Silicon Photovoltaic Products from Taiwan: 
Antidumping Duty Order, 80 FR 8596 (Feb. 18, 2015) (``Orders'').
    \2\ See April 20, 2016 letter from PulseTech Products 
Corporation Re: Resubmission of Requests for Changed Circumstances 
Review--Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China and from Taiwan (``PulseTech's 
Request'').
    \3\ See September 6, 2016 letter from Petitioner Re: Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China and Taiwan: Changed Circumstances Review Request--Letter of 
No Opposition.
    \4\ See PulseTech's October 28, 2016 submission to the 
Department.
---------------------------------------------------------------------------

    On November 10, 2016, the Department published the Initiation 
Notice for the requested CCRs in the Federal Register.\5\ On February 
16, 2017, the Department published the Preliminary Results of these 
CCRs in which it found that producers accounting for substantially all 
of the production of the domestic like product to which the Orders 
pertain lack interest in the relief afforded by the Orders with respect 
to certain solar panels incorporated in a specific type of battery 
charging and maintaining unit as described in PulseTech's request.\6\ 
The Department invited interested parties to submit comments on the 
Preliminary Results. We received no comments.
---------------------------------------------------------------------------

    \5\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China and from Taiwan: Notice of Initiation 
of Changed Circumstances Reviews, and Consideration of Revocation of 
the Antidumping and Countervailing Duty Orders in Part, 81 FR 78967 
(Nov. 10, 2016) (``Initiation Notice'').
    \6\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China and from Taiwan: Preliminary Results 
of Changed Circumstances Reviews, and Intent to Revoke Antidumping 
Duty Orders and Countervailing Duty Order in Part, 82 FR 10878 
(February 16, 2017) (``Preliminary Results'').
---------------------------------------------------------------------------

Final Results of Changed Circumstances Reviews, and Revocation of the 
Orders, in Part

    Because no party submitted comments opposing the Department's 
Preliminary Results, and the record contains no other information or 
evidence that calls into question the Preliminary Results, the 
Department determines, pursuant to section 751(d)(1) of the Tariff Act 
of 1930, as amended (the ``Act''), section 782(h) of the Act, and 19 
CFR 351.222(g), that there are changed circumstances that warrant 
revocation of the Orders, in part. Specifically, because the 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 the following type of solar 
panels, we are revoking the Orders, in part for solar panels that are:
    (1) Less than 300,000 mm\2\ in surface area; (2) less than 27.1 
watts in power; (3) coated across their entire surface with a 
polyurethane doming resin; and (4) joined to a battery charging and 
maintaining unit (which is an acrylonitrile butadiene styrene (``ABS'') 
box that incorporates a light emitting diode (``LED'')) by coated wires 
that include a connector to permit the incorporation of an extension 
cable. The battery charging and maintaining unit utilizes high-
frequency triangular pulse waveforms designed to maintain and extend 
the life of batteries through the reduction of lead sulfate crystals. 
The above-described battery charging and maintaining unit is currently 
available under the registered trademark ``SolarPulse.'' The scope 
description below includes this exclusion language.

Scope of the AD and CVD Orders on Certain Crystalline Silicon 
Photovoltaic Products From the PRC

    The merchandise covered by these orders are modules, laminates and/
or panels consisting of crystalline silicon photovoltaic cells, whether 
or not partially or fully assembled into other products, including 
building integrated materials. For purposes of these orders, subject 
merchandise includes modules, laminates and/or panels assembled in the 
PRC consisting of crystalline silicon photovoltaic cells produced in a 
customs territory other than the PRC.
    Subject merchandise includes modules, laminates and/or panels 
assembled in the PRC consisting of crystalline silicon photovoltaic 
cells of thickness equal to or greater than 20 micrometers, having a p/
n junction

[[Page 16574]]

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.
    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 modules, laminates and/or panels 
assembled in the PRC, consisting of 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 cells. Where more than one 
module, laminate and/or panel is permanently integrated into a consumer 
good, the surface area for purposes of this exclusion shall be the 
total combined surface area of all modules, laminates and/or panels 
that are integrated into the consumer good. Further, also excluded from 
the scope of these orders are any products covered by the existing 
antidumping and countervailing duty orders on crystalline silicon 
photovoltaic cells, whether or not assembled into modules, laminates 
and/or panels, from the PRC.\7\ Additionally, excluded from the scope 
of these orders are solar panels that are: (1) Less than 300,000 mm\2\ 
in surface area; (2) less than 27.1 watts in power; (3) coated across 
their entire surface with a polyurethane doming resin; and (4) joined 
to a battery charging and maintaining unit (which is an acrylonitrile 
butadiene styrene (``ABS'') box that incorporates a light emitting 
diode (``LED'')) by coated wires that include a connector to permit the 
incorporation of an extension cable. The battery charging and 
maintaining unit utilizes high-frequency triangular pulse waveforms 
designed to maintain and extend the life of batteries through the 
reduction of lead sulfate crystals. The above-described battery 
charging and maintaining unit is currently available under the 
registered trademark ``SolarPulse.''
---------------------------------------------------------------------------

    \7\ See 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 (Dec. 7, 2012); Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Countervailing Duty Order, 77 
FR 73017 (Dec. 7, 2012).
---------------------------------------------------------------------------

    Merchandise covered by these orders is currently classified in the 
Harmonized Tariff Schedule of the United States (``HTSUS'') under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of these orders is dispositive.

Scope of the AD Order on Certain Crystalline Silicon Photovoltaic 
Products From Taiwan

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials.
    Subject merchandise includes 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.
    Modules, laminates, and panels produced in a third-country from 
cells produced in Taiwan are covered by this order. However, modules, 
laminates, and panels produced in Taiwan from cells produced in third-
country are not covered by this order.
    Excluded from the scope of this order 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 this order 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 cells. 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. Further, also excluded from the 
scope of this order are any products covered by the existing 
antidumping and countervailing duty orders on crystalline silicon 
photovoltaic cells, whether or not assembled into modules, from the 
PRC.\8\ Also excluded from the scope of this order are modules, 
laminates, and panels produced in the PRC from crystalline silicon 
photovoltaic cells produced in Taiwan that are covered by an existing 
proceeding on such modules, laminates, and panels from the PRC. 
Additionally, excluded from the scope of this order are solar panels 
that are: (1) Less than 300,000 mm\2\ in surface area; (2) less than 
27.1 watts in power; (3) coated across their entire surface with a 
polyurethane doming resin; and (4) joined to a battery charging and 
maintaining unit (which is an acrylonitrile butadiene styrene (``ABS'') 
box that incorporates a light emitting diode (``LED'')) by coated wires 
that include a connector to permit the incorporation of an extension 
cable. The battery charging and maintaining unit utilizes high-
frequency triangular pulse waveforms designed to maintain and extend 
the life of batteries through the reduction of lead sulfate crystals. 
The above-described battery charging and maintaining unit is currently 
available under the registered trademark ``SolarPulse.''
---------------------------------------------------------------------------

    \8\ See 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 (Dec. 7, 2012); Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Countervailing Duty Order, 77 
FR 73017 (Dec. 7, 2012).
---------------------------------------------------------------------------

    Merchandise covered by this order is currently classified in the 
HTSUS under subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 
8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030, and 
8501.31.8000. These HTSUS subheadings are provided for convenience and 
customs purposes; the written description of the scope of this order is 
dispositive.

Instructions to U.S. Customs and Border Protection

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, and there have been no 
completed administrative reviews of the Orders, we will instruct U.S. 
Customs and Border Protection (``CBP'') to liquidate without regard to 
antidumping and countervailing duties, and to refund any estimated 
antidumping and countervailing duties on, all unliquidated entries of 
the merchandise covered by this partial revocation that were entered, 
or withdrawn from

[[Page 16575]]

warehouse, for consumption, on or after the date that corresponds to 
the date that suspension of liquidation first began in the relevant 
proceeding.\9\
---------------------------------------------------------------------------

    \9\ Suspension of liquidation first began for merchandise 
subject to the CVD order on June 10, 2014; suspension of liquidation 
first began for merchandise subject to the AD orders on July 31, 
2014.
---------------------------------------------------------------------------

Notification

    This notice serves as a reminder to parties subject to an 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/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.
    We are issuing and publishing these final results and revocation, 
in part, and notice in accordance with sections 751(b) and 777(i) of 
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

     Dated: March 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-06727 Filed 4-4-17; 8:45 am]
 BILLING CODE 3510-DS-P