[Federal Register Volume 83, Number 12 (Thursday, January 18, 2018)]
[Notices]
[Pages 2617-2619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00756]


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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: Final Results of 
Changed Circumstances Reviews, and Revocation of Antidumping and 
Countervailing Duty Orders, in Part

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

SUMMARY: On December 26, 2017, the Department of Commerce (Commerce) 
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 crystalline silicon photovoltaic 
cells, whether or not assembled into modules, from the People's 
Republic of China (China) with respect to certain solar panels 
(collectively, the Orders). Specifically, Commerce 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 of a sufficiently small size, voltage, amperage, 
and wattage, among other characteristics, as described below. Commerce 
invited interested parties to comment on the preliminary results. No 
party submitted comments. For the final results of these CCRs, Commerce 
is revoking, in part, the Orders as to imports of certain solar panels 
as described below.

DATES: Applicable January 18, 2018.

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,

[[Page 2618]]

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\ 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).
    \2\ See Pitsco's Letter, ``Request for Changed Circumstances 
Review (A-570-980; C-570-979),'' dated October 6, 2017 (Pitsco's 
Request).
    \3\ See SolarWorld's Letter, ``Pitsco, Inc.'s Scope Exclusion 
Language--Letter of No Opposition,'' dated October 13, 2017 (Letter 
of No Opposition).
    \4\ See Memorandum, ``Pitsco, Inc. Changed Circumstances Review 
for Antidumping and Countervailing Duty Orders on Certain Solar 
Cells from the People's Republic of China: Ex Parte 
Correspondence,'' dated November 13, 2017 (Ex Parte Memo).
    \5\ Id.
    \6\ See Pitsco's Letter, ``Amended Changed Circumstances Review 
(A-570-980; C-570-979),'' dated November 10, 2017 (Pitsco's Amended 
Request).
    \7\ See 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\ On December 26, 
2017, Commerce 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 of a sufficiently small size, voltage, amperage, 
and wattage, among other characteristics, as described in Pitsco's 
request.\9\ Commerce invited interested parties to submit comments on 
the preliminary results. We received no comments.
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    \8\ See 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\ See 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, 82 FR 
60952 (December 26, 2017) (Solar CCR Preliminary Notice).
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Final Results of Changed Circumstances Reviews, and Revocation of the 
Orders, in Part

    Because no party submitted comments opposing Commerce's preliminary 
results, and the record contains no other information or evidence that 
calls into question the preliminary results, Commerce determines, 
pursuant to section 751(d)(1) of 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: (1) Have a surface area from 3,450 mm\2\ to 33,782 mm\2\; (2) 
have 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); (3) do 
not exceed 2.9 volts, 1.1 amps, and 3.19 watts; and (4) do not contain 
an internal battery or external computer peripheral ports. The scope 
description below includes this exclusion language.

Scope of the AD and CVD 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 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 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. For the purposes of this exclusion, no 
panel shall contain an internal battery or external computer peripheral 
ports.
    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.

[[Page 2619]]

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, 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 are not covered 
by the final results of an administrative review or automatic 
liquidation.\10\
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    \10\ The most recently 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. Therefore, the partial 
revocation for merchandise subject to the AD orders will 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. Therefore, the partial 
revocation for merchandise subject to the CVD order will be applied 
retroactively to unliquidated entries of merchandise entered or 
withdrawn from warehouse, for consumption, on or after January 1, 
2015.
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Notification to Interested Parties

    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: January 11, 2018.
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. 2018-00756 Filed 1-17-18; 8:45 am]
 BILLING CODE 3510-DS-P