[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 55987-55988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25538]


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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: Notice of Initiation 
of Changed Circumstances Reviews, and Consideration of Revocation of 
the Antidumping and Countervailing Duty Orders in Part

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

SUMMARY: Based on a request from Pitsco, Inc. d/b/a Pitsco Education 
(Pitsco), the Department of Commerce (the Department) is initiating 
changed circumstances reviews to consider the possible revocation, in 
part, of the antidumping duty (AD) and countervailing duty (CVD) orders 
on crystalline silicon photovoltaic cells, whether or not assembled 
into modules, from the People's Republic of China (PRC) with respect to 
certain solar panels, as described below.

DATES: Applicable November 27, 2017.

FOR FURTHER INFORMATION CONTACT: Lauren Caserta or Kaitlin Wojnar, AD/
CVD Operations, Office VII, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4737 and (202) 
482-3857, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, the Department published AD and CVD orders on 
certain crystalline silicon photovoltaic cells, whether or not 
assembled into modules, from the PRC.\1\
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    \1\ 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 (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) (collectively, Orders).
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    On October 6, 2017, Pitsco, an importer of the subject merchandise, 
requested through a changed circumstances review revocation, in part, 
of the Orders pursuant to section 751(b)(1) of the Tariff Act of 1930, 
as amended (the Act) and 19 CFR 351.216(b),\2\ with respect to certain 
solar panels. On October 13, 2017, SolarWorld Americas, Inc. (the 
petitioner) submitted a letter stating that it does not oppose the 
scope exclusion language proposed by Pitsco.\3\ From October 25, 2017, 
through November 8, 2017,\4\ the Department consulted with both Pitsco 
and SolarWorld regarding revisions to the proposed exclusion language; 
specifically, the Department suggested limiting the language to a 
description of the physical characteristics of the product and also 
expressed concerns regarding the dimensions indicated in the 
description.\5\
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    \2\ See Pitsco's Letter, ``Request for Changed Circumstances 
Review (A-570-980; C-570-979),'' dated October 6, 2017.
    \3\ See SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion 
Language--Letter of No Opposition,'' dated October 13, 2017.
    \4\ See Memorandum, ``Ex Parte Communications with Adduci, 
Mastriani and Wiley Rein,'' dated November 13, 2017.
    \5\ Id.
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    Accordingly, on November 10, 2017, Pitsco submitted the following 
revised exclusion language: \6\
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    \6\ See Pitsco's Letter, ``Amended Changed Circumstances Review 
(A-570-980; C-570-979),'' dated November 10, 2017.

    Excluded from the scope of these orders 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. No panel shall contain an internal 
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battery or external computer peripheral ports.

    On November 13, 2017, SolarWorld submitted a letter stating that it 
does not oppose the revised exclusion language submitted by Pitsco on 
November 10, 2017.\7\
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    \7\ See SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion 
Language--Letter of No Opposition,'' dated November 13, 2017.
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Scope of the Antidumping and Countervailing Duty Orders on Certain 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into 
Modules, From the People's Republic of China

    The merchandise covered by the 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.
    The orders cover 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 orders.
    Excluded from the scope of the orders are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS).

[[Page 55988]]

    Also excluded from the scope of the orders 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.
    Modules, laminates, and panels produced in a third-country from 
cells produced in the PRC are covered by the orders; however, modules, 
laminates, and panels produced in the PRC from cells produced in a 
third-country are not covered by the orders.
    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. 
These HTSUS subheadings are provided for convenience and customs 
purposes; the written description of the scope of the orders is 
dispositive.

Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Orders in Part

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party \8\ that shows changed circumstances sufficient to 
warrant a review of an order.\9\ Based on the information provided by 
Pitsco, the Department has determined that there exist changed 
circumstances sufficient to warrant changed circumstances reviews of 
the AD and CVD orders on crystalline silicon photovoltaic cells, 
whether or not assembled into modules, from the PRC. We find that the 
petitioner's affirmative statement of no interest in the Orders with 
respect to the exclusionary text proposed by Pitsco, as revised by the 
Department and described above, constitutes good cause for the conduct 
of these reviews.
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    \8\ Pitsco stated in its October 6, 2017 CCR request that it is 
an importer of subject merchandise and as such is an interested 
party pursuant to 19 CFR 351.102(b)(29).
    \9\ See 19 CFR 351.216.
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that the Department may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In addition, in the event 
the Department determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits the Department to combine the notices of 
initiation and preliminary results. In its administrative practice, the 
Department has interpreted ``substantially all'' to mean producers 
accounting for at least 85 percent of the total U.S. production of the 
domestic like product covered by the order.\10\
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    \10\ See, e.g., Certain Cased Pencils from the People's Republic 
of China: Initiation and Preliminary Results of Antidumping Duty 
Changed Circumstances Review, and Intent To Revoke Order in Part, 77 
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from 
the People's Republic of China: Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order, in 
Part, 77 FR 53176 (August 31, 2012).
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    The petitioner states that it agrees with the exclusion request; 
however, because the petitioner did not indicate whether it accounts 
for substantially all of the domestic production of crystalline silicon 
photovoltaic cells, we are providing interested parties with the 
opportunity to address the issue of domestic industry support with 
respect to this requested partial revocation of the orders, as 
explained below. After examining comments, if any, concerning domestic 
industry support, the Department will issue the preliminary results of 
these changed circumstances reviews.

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these changed circumstances reviews, including 
comments concerning industry support. Comments and factual information 
may be submitted to the Department no later than ten days after the 
date of publication of this notice. Rebuttal comments and rebuttal 
factual information may be filed with the Department no later than 
seven days after the comments and/or factual information are filed.\11\ 
All submissions must be filed electronically using Enforcement and 
Compliance's AD and CVD Centralized Electronic Service System 
(ACCESS).\12\ An electronically filed document must be received 
successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the 
due dates set forth in this notice.
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    \11\ Submission of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \12\ See, generally, 19 CFR 351.303.
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    The Department will issue preliminary results of these changed 
circumstances reviews, which will set forth the factual and legal 
conclusions upon which the preliminary results are based, and, in 
accordance with 19 CFR 351.221(c)(3)(i), will include a description of 
any action proposed because of those results. Pursuant to 19 CFR 
351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results of these reviews. In accordance with 
19 CFR 351.216(e), the Department intends to issue the final results of 
these AD and CVD changed circumstance reviews within 270 days after the 
date on which the reviews are initiated, or within 45 days if all 
parties to the proceeding agree to the outcome of the review. This 
initiation is published in accordance with section 751(b)(1) of the Act 
and 19 CFR 351.221(b)(1).

    Dated: November 20, 2017.
James Maeder,
Senior Director performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2017-25538 Filed 11-24-17; 8:45 am]
 BILLING CODE 3510-DS-P