[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65344-65347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27533]
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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 the Antidumping and
Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is revoking, 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) (Orders) with
respect to certain off-grid solar panels based on a lack of interest in
the relief provided by the Orders with respect to those products.
DATES: Applicable December 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,
LLC (Goal Zero), an importer of the subject merchandise, requested
changed circumstances reviews (CCRs) and 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 off-
grid solar panels.\2\
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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.
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On July 20, 2018, Commerce published the Initiation Notice for the
requested CCRs in the Federal Register.\3\ On August 20, 2018, 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 off-grid solar
panels.\4\
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\3\ 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).
\4\ 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
Consideration of Revocation of the Antidumping and Countervailing
Duty Orders, in Part, 83 FR 42112, dated August 20, 2018.
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On September 4, 2018, Goal Zero and the petitioner \5\ requested
that partial revocation of the Orders be applied retroactively starting
January 1, 2015 for purposes of the CVD Order, and December 1, 2015 for
purposes of the AD Order.\6\
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\5\ The petitioner is SolarWorld Americas, Inc.
\6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China; Goal
Zero LLC's Comments on the Preliminary Results of the Changed
Circumstances Review, dated September 4, 2018; see also SolarWorld's
submission: ``Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Comments on Preliminary Results of the Goal Zero LLC Changed
Circumstances Reviews,'' dated September 4, 2018.
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Final Results of Changed Circumstances Reviews, and Revocation of the
Orders, In Part
Because no party submitted comments opposing the preliminary
results of these CCRs, and the record contains no other information or
evidence that calls into question the preliminary results, Commerce
determines, pursuant to sections 751(d)(1) and 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 certain off-grid solar panels as
described below, we are revoking the Orders, in part, with respect to
the following:
(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;
[[Page 65345]]
(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.\7\
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\7\ 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.
The scope description below includes this exclusion language.
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 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.
Also excluded from the scope of the Orders are:
(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.\8\
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\8\ 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.
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.\9\
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\9\ See AD Order, 77 FR at 73018-73019; CVD Order, 77 FR at
73017 (footnote omitted); 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,
83 FR 2618 (excluding certain panels with surface area from 3,450
mm\2\ to 33,782 mm\2\).
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Application of the Final Results of These Reviews
Goal Zero and the petitioner have requested retroactive application
of the final results of these reviews starting January 1, 2015 for
purposes of the CVD Order, and December 1, 2015 for purposes of the AD
Order.\10\ Section 751(d)(3) of the Act provides that {a{time}
determination under this section to revoke an order . . . shall apply
with respect to unliquidated entries of the subject merchandise which
are entered, or withdrawn from warehouse, for consumption on or after
the date determined by the administering
[[Page 65346]]
authority.'' Consistently, Commerce's general practice is to 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 a revocation that are not covered by the
final results of an administrative review or automatic liquidation.\11\
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\10\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China; Goal
Zero LLC's Comments on the Preliminary Results of the Changed
Circumstances Review, dated September 4, 2018 (Goal Zero Comments);
see also SolarWorld's submission: ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules, from the People's
Republic of China: Comments on Preliminary Results of the Goal Zero
LLC Changed Circumstances Reviews,'' dated September 4, 2018.
\11\ See e.g., Certain Pasta From Italy: Final Results of
Countervailing Duty Changed Circumstances Review and Revocation, In
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar From the
United Kingdom: Notice of Final Results of Changed Circumstances
Review and Revocation of Order, in Part, 72 FR 65706 (November 23,
2007); Notice of Final Results of Antidumping Duty Changed
Circumstances Review and Revocation of Order In Part: Certain
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR
66163 (November 13, 2006); Notice of Final Results of Antidumping
Duty Changed Circumstances Reviews and Revocation of Orders in Part:
Certain Corrosion-Resistant Carbon Steel Flat Products From Canada
and Germany, 71 FR 14498 (March 22, 2006); Notice of Final Results
of Antidumping Duty Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from the People's
Republic of China, 68 FR 62428 (November 4, 2003).
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Commerce has exercised its discretion and deviated from this
general practice if the particular facts of a case have implications
for the effective date of the partial revocation selected by
Commerce.\12\ Specifically, when selecting the effective date for
partial revocation, Commerce has considered factors such as the
effective date proposed by the petitioner (and/or the effective date
agreed to by all parties),\13\ the existence of unliquidated entries
dating back to the requested effective date,\14\ whether an interested
party requested the effective date of the revocation,\15\ and whether
the requested effective date creates potential administrability issues
(e.g., the products covered by the partial revocation are in the sales
database used in the dumping margin calculations for a completed
administrative review with a period of review (POR) that overlaps with
the date requested).\16\
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\12\ See section 751(d)(3) of the Act; Itochu Building Products
v. United States, Court No. 11-00208, Slip Op. 14-37 (CIT 2014)
(Itochu Bldg. Prod) (CIT April 8, 2014) at 12 (``The statutory
provision, as discussed above, provides Commerce with discretion in
the selection of the effective date for a partial revocation
following a changed circumstances review, but that discretion may
not be exercised arbitrarily so as to decide the question presented
without considering the relevant and competing considerations.'').
\13\ See, e.g., Carbon and Certain Alloy Steel Wire Rod from
Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and
Ukraine: Final Results of Changed Circumstances Review, 68 FR 64079
(November 12, 2003); Stainless Steel Hollow Products from Sweden;
Termination of Antidumping Duty Administrative Reviews, Final
Results of Changed Circumstances Antidumping Duty Administrative
Review, and Revocation In Part of Antidumping Duty Order, 60 FR
42529 (August 16, 1995).
\14\ See Steel Wire Garment Hangers From the People's Republic
of China: Final Results of Changed Circumstances Review, and
Revocation in Part of Antidumping Duty Order (Steel Hangers), 74 FR
50956 (October 2, 2009); Notice of Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order in
Part: Certain Cased Pencils from the People's Republic of China
(Cased Pencils), 71 FR 13352 (March 15, 2006); Stainless Steel Sheet
and Strip in Coils from Japan: Final Results of Changed Circumstance
Antidumping Duty Review, and Determination To Revoke Order in Part
(Stainless Sheet and Strip), 65 FR 77578 (December 12, 2000).
\15\ See Large Newspaper Printing Presses and Components
Thereof, Whether Assembled or Unassembled, from Japan: Final Results
of Changed Circumstances Antidumping Duty Administrative Review and
Intent To Revoke Antidumping Duty Order, In Part, 64 FR 72315
(December 27, 1999).
\16\ See Itochu Bldg. Prod., Slip Op. 14-37 at 3.
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On September 4, 2018, Goal Zero requested retroactive application
of the final results of these reviews starting January 1, 2015 for
purposes of the CVD Order, and December 1, 2015 for purposes of the AD
Order, and the petitioner agreed to Goal Zero's request.\17\ Goal Zero
claims that there are unliquidated entries corresponding to the 2015-
2016 reviews.\18\ Goal Zero notes that the final results for the
administrative review of the CVD Order covering the review period
January 1 through December 31, 2015, and the final results for the
administrative review of the AD Order covering the period December 1,
2015 through November 30, 2016, are being challenged by the petitioner
before the Court of International Trade (CIT).\19\ However, entries of
subject merchandise overlapping with the AD administrative review
covering the period December 1, 2015 through November 30, 2016, and
which were not liquidated pursuant to automatic liquidation
instructions,\20\ are either encompassed by Commerce's August 21, 2018
liquidation instructions to CBP or enjoined from liquidation by
statutory injunctions entered by the CIT.\21\ Similarly, entries of
subject merchandise overlapping with the CVD administrative review
covering the period January 1, 2015 through December 31, 2015, and
which were not liquidated pursuant to automatic liquidation
instructions,\22\ are enjoined from liquidation by statutory
injunctions entered by the CIT.\23\ Entries of merchandise enjoined
from liquidation by the court may not be subject to Commerce's partial
revocation of the order and subsequent instructions to CBP, and because
their liquidation is enjoined, they are set to be liquidated in
accordance with the final court decision.\24\
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\17\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China; Goal
Zero LLC's Comments on the Preliminary Results of the Changed
Circumstances Review, dated September 4, 2018; see also SolarWorld's
submission: ``Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Comments on Preliminary Results of the Goal Zero LLC Changed
Circumstances Reviews'', dated September 4, 2018.
\18\ See Goal Zero Comments at 11.
\19\ Id. at 12.
\20\ See Message Numbers 7067302 and 7065306.
\21\ See Message Number 8233301 instructing CBP to assess an
antidumping liability for various exporters of subject merchandise,
including ERA Solar Co., Ltd., for the period December 1, 2015
through November 30, 2016. See also Message Number 8269301
instructing CBP with regard to the statutory injunction issued in
connection with court number 18-00189 and Message Numbers 8240315
and 8240316 instructing CBP with regard to the statutory injunction
issued in connection with court number 18-00176.
\22\ See Message Number 7058306.
\23\ See Message Numbers 8269331, 8264303, and 8243306
instructing CBP with regard to the statutory injunctions issued in
connection with court numbers 18-00184, 18-00185, 18-00186. On
August 15, 2018, Commerce instructed CBP to liquidate modules
produced in third countries from crystalline silicon photovoltaic
cells produced in China. See Message Number 8227315.
\24\ See sections 516A(c)(2) and (e) of the Act.
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We find that legal and administrability issues are presented by
using the effective dates suggested by the interested parties.
Accordingly, we are exercising our discretion, based on the particular
circumstances in these CCRs, to make the effective dates January 1,
2016, for purposes of the CVD Order and December 1, 2016, for purposes
of the AD Order.
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 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 on or after January 1, 2016, for purposes of the CVD Order,
and on or after December 1, 2016, for purposes of the AD Order.
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
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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: December 13, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-27533 Filed 12-19-18; 8:45 am]
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