[Federal Register Volume 83, Number 161 (Monday, August 20, 2018)]
[Notices]
[Pages 42112-42114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17907]


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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 Consideration of Revocation of 
the Antidumping and Countervailing Duty Orders, in Part

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

SUMMARY: On April 17, 2018, the Department of Commerce (Commerce) 
received a request for revocation, in part, of the antidumping duty 
(AD) and countervailing duty (CVD) orders on certain crystalline 
silicon photovoltaic cells from the People's Republic of China (China) 
(the Orders) with respect to certain off-grid solar panels. Because 
producers accounting for substantially all of the domestic production 
of certain off-grid solar panels lack interest in the relief provided 
by the Orders, we intend to revoke, in part, the Orders with respect to 
these products. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable August 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.

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, 
LLC (Goal Zero), an importer of the subject merchandise, requested 
through changed circumstances reviews, 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 does not oppose the 
partial revocation proposed by Goal Zero.\3\ On May 14, 2018, Commerce 
issued a supplemental questionnaire to Goal Zero,\4\ to which it 
responded on May 23, 2018.\5\
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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) (AD Order) 
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) (CVD Order) 
(collectively, Orders).
    \2\ See Goal Zero's Letter, ``Goal Zero LLC's Request for a 
Changed Circumstances Review,'' (Goal Zero's Request) 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.
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    On May 30, 2018, Commerce extended the time for determining whether 
to initiate the requested changed circumstances reviews by an 
additional 30 days, or until July 2, 2018.\6\ On June 29, 2018, 
Commerce again extended the deadline for determining whether to 
initiate the requested changed circumstances reviews by an additional 
15 days, or until July 16, 2018.\7\ On July 9, 2018, Goal Zero and the 
petitioner submitted comments regarding the proposed scope exclusion 
language for these changed circumstances reviews.\8\
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    \6\ See Commerce's Letter, dated May 30, 2018.
    \7\ See Commerce's Letter, dated June 29, 2018.
    \8\ See Goal Zero's Letter, ``Goal Zero LLC's Comments Regarding 
the Proposed Scope of the Changed Circumstances Reviews,'' dated 
July 9, 2018; see also the petitioner's Letter, ``Comments on Goal 
Zero LLC' s Request for a Changed Circumstances Review,'' dated July 
9, 2018.
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    On July 20, 2018, we published the Initiation Notice for these 
changed circumstances reviews in the Federal Register.\9\ Because the 
statement submitted by the petitioner in response to Goal Zero's 
request did not indicate whether the petitioner accounts for 
substantially all of the domestic production of crystalline silicon 
photovoltaic products, in the Initiation Notice, we invited interested 
parties to submit comments concerning industry support for the 
revocation in part, as well as comments and/or factual information 
regarding the changed circumstances reviews. On July 30, 2018, the 
petitioner submitted comments reiterating support for Goal Zero's 
request.\10\ We received no other comments.
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    \9\ 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, 83 FR 34542 (July 20, 2018) (Initiation Notice).
    \10\ See SolarWorld's Letter, ``Comments on Goal Zero LLC 
Changed Circumstances Reviews,'' dated July 30, 2018.
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Scope of the Antidumping and Countervailing Duty Orders on Certain 
Crystalline Silicon Photovoltaic Cells 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 10,000mm\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

[[Page 42113]]

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 mm2 to 33,782 mm2 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 written description of the scope of the Orders is 
dispositive.\11\
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    \11\ See AD Order, 77 FR at 73018-73019; CVD Order, 77 FR at 
73017 (footnote omitted).
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Scope of Changed Circumstances Reviews

    Goal Zero requests that Commerce revoke the Orders in part to 
exclude from the scope certain off-grid solar panels as described 
below:
    (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 cm\2\ 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 housings 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 cm\2\ 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.\12\
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    \12\ See Goal Zero's Letter, ``Goal Zero LLC's Comments 
Regarding the Proposed Scope of the Changed Circumstances Reviews,'' 
dated July 9, 2018 at 10-11.
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Preliminary Results of Changed Circumstances Review, and Intent To 
Revoke the Orders, in Part

    Pursuant to section 751(d)(1) of the Act, section 782(h) 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 circumstance review). Section 751(b)(1) of the Act 
requires a changed circumstance 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.\13\ Commerce has interpreted ``substantially all'' to represent 
producers accounting for at least 85 percent of U.S. production of the 
domestic like product.\14\
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    \13\ See Section 782(h) of the Act and 19 CFR 351.222(g).
    \14\ See 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) (Honey From Argentina).
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    In its April 17, 2018 submission, Goal Zero requested that Commerce 
expedite the changed circumstances reviews.\15\ Commerce's regulations 
do not specify a deadline for the issuance of 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, or within 45 days if all 
parties to the proceeding agree to the outcome of the review.\16\ 
Commerce did not issue a combined notice of initiation and preliminary 
results because, as discussed above, the statement provided by the 
petitioner in response to Goal Zero's Request did not indicate whether 
the petitioner accounts for substantially all domestic production of 
certain crystalline silicon photovoltaic products.\17\ 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 
certain off-grid solar panels. Further, Commerce requested interested 
party comments on the issue of domestic industry support of a partial 
revocation.\18\
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    \15\ See Goal Zero's Request at 9.
    \16\ See 19 CFR 351.216(e).
    \17\ See Initiation Notice.
    \18\ Id.
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    Commerce received no comments concerning whether the petitioner 
accounts for substantially all domestic production of certain 
crystalline silicon photovoltaic products or opposing initiation of the 
changed circumstances reviews of the Orders. Hence, Commerce now 
preliminarily finds that producers accounting for substantially all of 
the production of the domestic like product lack interest in the relief 
afforded by the Orders with respect to the off-grid solar panels as 
described in Goal Zero's Request. We will consider comments from 
interested parties on these preliminary results before issuing the 
final results of this review.\19\
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    \19\ See, 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); 
see also 19 CFR 351.222(g)(1)(v).

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[[Page 42114]]

    In light of Goal Zero's Request and 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 the 
off-grid solar panels that are the subject of Goal Zero's Request.
    Accordingly, we are notifying the public of our intent to revoke 
the Orders, in part, with respect to certain off-grid solar panels as 
defined above.

Public Comment

    Interested parties are invited to comment on these preliminary 
results in accordance with 19 CFR 351.309(c)(1)(ii). Written comments 
may be submitted no later than 14 days after the date of publication of 
these preliminary results. Rebuttals to written comments, limited to 
issues raised in such comments, may be filed no later than seven days 
after the due date for comments. 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 day it is due.
    Commerce will issue the final results of these changed 
circumstances reviews, which will include its analysis of any written 
comments, no later than 270 days after the date on which this review 
was 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 to 
liquidate without regard to antidumping or countervailing duties, and 
to refund any estimated antidumping or countervailing duties, on all 
unliquidated entries of the merchandise covered by the revocation that 
are not covered by the final results of an administrative review or 
automatic liquidation.
    The current requirement for cash deposits of estimated antidumping 
and countervailing duties on all entries of subject merchandise will 
continue unless until they are modified pursuant to 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 351.216, 19 CFR 
351.221(c)(3), and 19 CFR 351.222.

    Dated: August 14, 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. 2018-17907 Filed 8-17-18; 8:45 am]
 BILLING CODE 3510-DS-P