[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34542-34543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15572]


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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 Goal Zero LLC (Goal Zero), the 
Department of Commerce (Commerce) 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 (China) with respect to 
certain solar panels, as described below.

DATES: Applicable July 20, 2018.

FOR FURTHER INFORMATION CONTACT: Eli Lovely, 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) 482-1593.

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 April 17, 2018, Goal Zero, 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 off-grid solar panels. On 
May 4, 2018, SolarWorld Americas, Inc. (the petitioner) submitted a 
letter stating that it did not oppose the partial revocation proposed 
by Goal Zero.\3\ On May 14, 2018, we issued a supplemental 
questionnaire to Goal Zero,\4\ to which it responded on May 23, 
2018.\5\ On May 30, 2018,\6\ and again on June 29, 2018, we extended 
the deadline for determining whether to initiate the requested changed 
circumstances.\7\ The current deadline is July 16, 2018.\8\ On July 9, 
2018, we received revised proposed partial revocation language from 
Goal Zero.\9\
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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).
    \2\ See Goal Zero's Letter, ``Goal Zero LLC's Request for a 
Changed Circumstances Review,'' dated April 17, 2018.
    \3\ See SolarWorld's Letter, ``Support for Goal Zero LLC's 
Request for a Changed Circumstances Review,'' dated May 4, 2018.
    \4\ See Commerce's Letter, dated May 14, 2018.
    \5\ See ``Goal Zero LLC's Response to Additional Questions 
Regarding the Changed Circumstances Reviews,'' dated May 23, 2018.
    \6\ See Commerce's Letter, dated May 30, 2018.
    \7\ See Commerce's Letter, dated June 29, 2018.
    \8\ Id.
    \9\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Comments on Goal Zero LLC' s Request for a Changed Circumstances 
Review, dated July 9, 2018; see also Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from The 
People's Republic of China; Goal Zero LLC's Comments Regarding the 
Proposed Scope of the Changed Circumstances Reviews, dated July 9, 
2018.
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Scope of the Orders

    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 10,000mm\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 the 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 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 the 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

[[Page 34543]]

written description of the scope of the Orders is dispositive.\10\
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    \10\ See Orders, 77 FR at 73018-73019, 77 FR at 73017 (footnote 
omitted).
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Proposed Revocation of the Orders

    Goal Zero proposes that the Orders be revoked, in part, with 
respect to with certain off-grid solar panels. Goal Zero submitted its 
most recent proposed scope revocation language on July 9, 2018.\11\ 
Should Commerce determine to revoke the Orders, in part, Goal Zero 
proposes that Commerce exclude the following products:
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    \11\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules from The People's Republic of China; Goal 
Zero LLC's Comments Regarding the Proposed Scope of the Changed 
Circumstances Reviews, dated July 9, 2018.

(1) Off-grid CSPV panels in rigid form with a glass cover, with the 
following characteristics:
    (A) A total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm2 per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
either an 8mm male barrel connector, or a two-port rectangular 
connector with two pins in square housing of different colors;
    (E) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (F) must be in individual retail packaging (for purposes of this 
provision, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport); and
(2) Off-grid CSPV panels without a glass cover, with the following 
characteristics:
    (A) A total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm2 per panel;
    (C) do not include a built-in inverter;
    (D) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (E) each panel is
    1. permanently integrated into a consumer good;
    2. encased in a laminated material without stitching, or
    3. has all of the following characteristics: (i) The panel is 
encased in sewn fabric with visible stitching, (ii) includes a mesh 
zippered storage pocket, and (iii) includes a permanently attached wire 
that terminates in a female USB-A connector.

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

    Pursuant to section 751(b) of the Act, Commerce will conduct a 
changed circumstances review upon receipt of a request from an 
interested party \12\ that shows changed circumstances sufficient to 
warrant a review of an order. In accordance with 19 CFR 351.216(d), 
Commerce determines that the information submitted by Goal Zero, and 
the petitioner's affirmative statement of no interest in the Orders 
with respect to the products described by Goal Zero, constitutes 
sufficient evidence to conduct changed circumstances reviews of the 
Orders.
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    \12\ Goal Zero stated in its April 17, 2018 CCRs request that it 
is an importer of subject merchandise. As such, Goal Zero is an 
interested party pursuant to 19 CFR 351.102(b)(29).
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    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that Commerce 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 
Commerce determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits Commerce to combine the notices of initiation 
and preliminary results. In its administrative practice, Commerce 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.\13\
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    \13\ 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 does not oppose the partial 
revocation request; however, because the petitioner did not indicate 
whether it accounts for substantially all of the domestic production of 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, we are not combining this notice of initiation with a 
preliminary determination, pursuant to 19 CFR 351.221(c)(3)(ii), but 
will provide interested parties with an 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, we 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 on industry support and the proposed partial revocation 
language. Comments and factual information may be submitted to Commerce 
no later than ten days after the date of publication of this notice. 
Rebuttal comments and rebuttal factual information may be filed with 
Commerce no later than seven days after the comments and/or factual 
information are filed.\14\ All submissions must be filed electronically 
using Enforcement and Compliance's AD and CVD Centralized Electronic 
Service System (ACCESS).\15\ 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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    \14\ Submission of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \15\ See, generally, 19 CFR 351.303.
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Preliminary and Final Results of the Review

    Commerce intends to publish in the Federal Register a notice of the 
preliminary results of the antidumping and countervailing duty changed 
circumstances reviews in accordance with 19 CFR 351.221(b)(4) and 
(c)(3)(i), which will set forth Commerce's preliminary factual and 
legal conclusions. Commerce will issue its final results of the changed 
circumstances reviews in accordance with the time limits set forth in 
19 CFR 351.216(e). This initiation is published in accordance with 
section 751(b)(1) of the Act and 19 CFR 351.221(b)(1).

    Dated: July 16, 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. 2018-15572 Filed 7-19-18; 8:45 am]
BILLING CODE 3510-DS-P