[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10300-10301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05273]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Continuation of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) order on crystalline silicon
photovoltaic cells, whether or not assembled into modules (solar
cells), from the People's Republic of China (China) would likely lead
to a continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of the AD duty order.
DATES: Applicable March 20, 2019.
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 in the Federal Register the
antidumping duty order on solar cells from China.\1\ On November 1,
2017, Commerce published the notice of initiation of this sunset review
of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ On November 13, 2017, pursuant to 19 CFR
351.218(d)(1), Commerce received a timely and complete notice of intent
to participate in the sunset review from SolarWorld Americas, Inc.
(SolarWorld), in which SolarWorld claimed interested party status as a
domestic producer of solar cells under section 771(9)(C) of the Act.\3\
This notice was filed within the time period specified in 19 CFR
351.218(d)(1)(i).\4\ On December 1, 2017, pursuant to 19 CFR
351.218(d)(3)(i), SolarWorld filed a timely and adequate substantive
response.\5\ Commerce did not receive a substantive response from any
respondent interested party. As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day) first sunset review of the Order. As a
result of its review, Commerce determined pursuant to sections
751(c)(1) and 752(c) of the Act, that revocation of the Order would
likely lead to a continuation or recurrence of dumping. Commerce also
notified the ITC of the magnitude of the dumping margins likely to
prevail should the Order be revoked.\6\ On March 7, 2019, the ITC
published its determination, pursuant to section 751(c) of the Act,
that revocation of the AD duty order on solar cells from China would be
likely to lead to continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time.\7\
Scope of the Order
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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) (Order).
\2\ See Initiation of Five-Year (Sunset) Review, 82 FR 50612
(November 1, 2017).
\3\ See Letter from SolarWorld to Commerce re, ``Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules,
from the People's Republic of China: Notice of Intent to Participate
in Sunset Review,'' dated November 13, 2017.
\4\ Id.
\5\ See Letter from SolarWorld to Commerce re, ``Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules,
from the People's Republic of China: Substantive Response to Notice
of Initiation of Sunset Review,'' dated December 1, 2017 (SolarWorld
Substantive Response).
\6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of the Expedited First Sunset Review of the Antidumping Duty
Order, 83 FR 10663 (March 12, 2018) (Final Results), and
accompanying Issues and Decision Memorandum.
\7\ See Crystalline Silicon Photovoltaic Cells and Modules From
China, Investigation No. 701-TA-481 and 731-TA-1190, 84 FR 8342
(March 7, 2019).
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The merchandise covered by the Order 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 Order
covers 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 Order.
Excluded from the scope of this Order 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 this Order are crystalline silicon photovoltaic cells, not
exceeding 10,000mm2 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 this Order 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 China are covered by this Order; however, modules,
laminates, and panels produced in China from cells produced in a third-
country are not covered by this Order.
Merchandise covered by this Order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030,
8501.31.8000, 8541.40.6015, 8541.40.6035, 8541.40.6025, and
8541.40.6045. These HTSUS subheadings are provided for convenience and
customs purposes; the written description of the scope of this Order is
dispositive.
[[Page 10301]]
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping and material injury to an industry in the United
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a),
Commerce hereby orders the continuation of the AD order on solar cells
from China. U.S. Customs and Border Protection will continue to collect
AD cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise. The effective date of the continuation
of the Order will be the date of publication in the Federal Register of
this notice of continuation. Pursuant to section 751(c)(2) of the Act
and 19 CFR 351.218(c)(2), Commerce intends to initiate the next sunset
review of the Order not later than 30 days prior to the fifth
anniversary of the effective date of continuation.
This five-year sunset review and this notice are in accordance with
section 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: March 15, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-05273 Filed 3-19-19; 8:45 am]
BILLING CODE 3510-DS-P