[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Notices]
[Pages 60952-60954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27748]


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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: Preliminary Results 
of Changed Circumstances Reviews, and Intent To Revoke Antidumping and 
Countervailing Duty Orders in Part

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

SUMMARY: On October 6, 2017, the Department of Commerce (Commerce) 
received a request for 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 (China) with respect to certain solar 
panels. We preliminarily determine that the Orders shall be revoked, in 
part, with respect to certain solar panels of a sufficiently small 
size, voltage, amperage, and wattage, among other characteristics, as 
described below. Commerce invites interested parties to comment on 
these preliminary results.

DATES: Applicable December 26, 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, Commerce published AD and CVD orders on 
certain crystalline silicon photovoltaic cells, whether or not 
assembled into modules, from China.\1\ On October 6, 2017, Pitsco, Inc. 
d/b/a/Pitsco Education (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), with 
respect to certain solar panels.\2\ 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\ Commerce consulted with 
both Pitsco and SolarWorld regarding revisions to the proposed 
exclusion language; specifically, Commerce 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\ Accordingly, on November 10, 2017, Pitsco 
submitted revised exclusion language based on these consultations.\6\ 
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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    \1\ 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).
    \2\ Pitsco's Letter, ``Request for Changed Circumstances Review 
(A-570-980; C-570-979),'' dated October 6, 2017 (Pitsco's Request).
    \3\ SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion 
Language--Letter of No Opposition,'' dated October 13, 2017 (Letter 
of No Opposition).
    \4\ Memorandum, ``Ex Parte Communications with Adduci, Mastriani 
and Wiley Rein,'' dated November 13, 2017 (Ex Parte Memo).
    \5\ Id.
    \6\ Pitsco's Letter, ``Amended Changed Circumstances Review (A-
570-980; C-570-979),'' dated November 10, 2017 (Pitsco's Amended 
Request).
    \7\ SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion 
Language--Letter of No Opposition,'' dated November 13, 2017 
(Revised Letter of No Opposition).
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    On November 27, 2017, Commerce published the notice of initiation 
of the requested changed circumstances reviews.\8\ Because the 
statement submitted by the petitioner in support of Pitsco's amended 
request did not indicate whether the petitioner accounts for 
substantially all of the domestic production of crystalline silicon 
photovoltaic cells, in the Initiation Notice, we invited interested 
parties to submit comments concerning industry support for the 
potential revocation, in part, as well as comments and/or factual 
information regarding the changed circumstances reviews.\9\ No comments 
or factual information was submitted by any party.
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    \8\ 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, 82 FR 55987 (Nov. 27, 2017) (Solar CCR Initiation Notice).
    \9\ Id.
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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).
    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

[[Page 60953]]

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 China are covered by the orders; however, modules, 
laminates, and panels produced in China 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.

Scope of Changed Circumstances Reviews

    Pitsco requests that Commerce revoke the Orders, in part, to 
exclude certain small solar panels, as described below. The revised 
unopposed language submitted by Pitsco is as follows: \10\
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    \10\ See Pitsco's Amended Request.


    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 
battery or external computer peripheral ports.

Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke the Orders, in Part

    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 changed circumstances 
review). Section 751(b)(1) of the Act requires a changed circumstances 
review to be conducted upon receipt of a request which shows changed 
circumstances sufficient to warrant a review. 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 changed circumstances review 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. 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.\11\ 
Commerce has interpreted ``substantially all'' to represent producers 
accounting for at least 85 percent of U.S. production of the domestic 
like product.\12\
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    \11\ Section 782(h) of the Act and 19 CFR 351.222(g).
    \12\ 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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    Commerce's regulations do not specify a deadline for the issuance 
of the preliminary results of a changed circumstances review, but 
provide that Commerce will issue the final results of review within 270 
days after the date on which the changed circumstances review is 
initiated.\13\ Commerce did not issue a combined notice of initiation 
and preliminary results. As discussed above, the statement provided by 
the petitioner and offered in support of Pitsco's amended request did 
not indicate whether the petitioner accounts for substantially all 
domestic production of certain crystalline silicon photovoltaic 
cells.\14\ Thus, Commerce did not determine in the Initiation Notice 
that producers accounting for substantially all of the production of 
the domestic like product lacked interest in the continued application 
of the Orders as to the certain solar panels under consideration here. 
Further, Commerce requested interested party comments on the issue of 
domestic industry support of a potential partial revocation of the 
Orders.\15\ Commerce received no comments concerning a lack of industry 
support with respect to these changed circumstances reviews.
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    \13\ 19 CFR 351.216(e).
    \14\ Solar CCR Initiation Notice.
    \15\ Id.
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    As noted in the Initiation Notice, Pitsco requested revocation of 
the Orders, in part, and supported its request. In light of Pitsco's 
amended request, the petitioner's agreement with the scope exclusion 
language proposed by Pitsco, and in the absence of any interested party 
comments received during the comment period, we preliminarily conclude 
that changed circumstances warrant revocation of the Orders, in part, 
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 
certain small solar panels, as described above. We will consider 
comments from interested parties on these preliminary results of 
reviews before issuing the final results of these reviews.\16\
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    \16\ 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); Aluminum Extrusions from the People's Republic 
of China: Preliminary Results of Changed Circumstances Reviews, and 
Intent to Revoke Antidumping and Countervailing Duty Orders in Part, 
78 FR 66895 (November 7, 2013); 19 CFR 351.222(g)(1)(v).
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    Accordingly, we are notifying the public of our intent to revoke 
the Orders, in part. We intend to carry out this revocation by 
including the following exclusion language in the scope of each of the 
Orders:

    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 
battery or external computer peripheral ports.

    If we make a final determination to revoke the Orders in part, then 
Commerce will apply this determination to each order as follows. If, at 
the time of the final determinations, there have been no completed 
administrative reviews of an order, then the partial revocation will be 
applied to unliquidated entries of merchandise subject to the changed 
circumstances review that were entered or withdrawn from warehouse, for 
consumption, on or after the date that corresponds to the date 
suspension of liquidation first began in the relevant proceeding. If, 
at the time of the final determinations, there have been completed 
administrative reviews of an order, then the partial revocation will be 
retroactively applied to unliquidated entries of merchandise subject to 
the changed circumstances reviews that were entered or withdrawn from 
warehouse, for consumption, on or after the day following the last day 
of the period covered by the most recently completed administrative 
review of the applicable order. The most recently

[[Page 60954]]

completed administrative review of the AD order (A-570-979) was 
completed on June 20, 2017, and covered December 1, 2014 through 
November 30, 2015.\17\ Therefore, under this scenario, the partial 
revocation for merchandise subject to the AD orders would be applied 
retroactively to unliquidated entries of merchandise entered or 
withdrawn from warehouse, for consumption, on or after December 1, 
2015. The most recently completed administrative review of the CVD 
order (C-570-980) was completed on July 10, 2017, and covered January 
1, 2014 through December 31, 2014.\18\ Therefore, the partial 
revocation for merchandise subject to the CVD order would be applied 
retroactively to unliquidated entries of merchandise entered or 
withdrawn from warehouse, for consumption, on or after January 1, 2015, 
as applicable.
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    \17\ Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Amended 
Final Results of Antidumping Duty Administrative Review; 2014-2015, 
82 FR 40560 (August 25, 2017).
    \18\ Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: Final 
Results of countervailing Duty Administrative Review, and Partial 
Recession of countervailing Duty Administrative Review; 2014, 82 FR 
32678 (July 17, 2017).
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Public Comment

    Interested parties are invited to comment on these preliminary 
results of reviews in accordance with 19 CFR 351.309(c)(1)(ii). Case 
briefs may be submitted no later than 14 days after the date of 
publication of these preliminary results.\19\ Rebuttals to case briefs, 
limited to issues raised in the case briefs, may be filed no later than 
5 days after the due date for case briefs.\20\ All submissions must be 
filed electronically using Enforcement and Compliance's AD and CVD 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. 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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    \19\ Commerce is altering the deadline for the submission of 
case briefs, as authorized by 19 CFR 351.309(c)(1)(ii).
    \20\ Commerce is altering the deadline for the submission of 
rebuttal briefs, as authorized by 19 CFR 351.309(d)(1).
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    Any interested party may request a hearing within 14 days of 
publication of this notice. Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
parties will be notified of the time and date for the hearing to be 
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230 in a room to be determined.\21\
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    \21\ 19 CFR 351.310(d).
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    Commerce intends to issue the final results of these changed 
circumstances reviews, which will include its analysis of any written 
comments received, no later than 270 days after the date on which these 
reviews were initiated.
    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 AD or CVD duties all unliquidated 
entries of the merchandise covered by the exclusion language above 
entered or withdrawn from warehouse, for consumption, on or after the 
effective dates indicated above. In addition, we will instruct CBP to 
refund any estimated AD or CVD cash deposits collected on such entries.
    The current requirement for cash deposits of estimated AD and CVD 
duties on all entries of subject merchandise will continue unless they 
are modified pursuant to the final results of these changed 
circumstances 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 CBP to discontinue 
collecting cash deposits on entries of merchandise covered by the 
exclusion language above effective on the date of publication of the 
final results of these changed circumstances reviews.
    These preliminary results of reviews and notice are in accordance 
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19 
CFR 351.222.

    Dated: December 20, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-27748 Filed 12-22-17; 8:45 am]
BILLING CODE 3510-DS-P