[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35902-35904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12745]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, C-570-011]


Crystalline Silicon Photovoltaic Products 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 Memory Experts Inc., dba 
PowerTraveller (Memory Experts), 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 products from the 
People's Republic of China (China) with respect to certain off-grid 
portable small panels.

DATES: Applicable June 12, 2020.

FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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) 482-0835.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, Commerce published AD and CVD orders on 
certain crystalline silicon photovoltaic products from China.\1\ On 
March 16, 2020, Memory Experts, an importer of the subject merchandise, 
requested, through changed circumstances reviews, revocation of the 
Solar Products Orders with respect to certain off-grid portable small 
panels pursuant to section 751(b)(1) of the Tariff Act of 1930, as

[[Page 35903]]

amended (the Act) and 19 CFR 351.216(b).\2\ On April 13, 2020, Hanwha Q 
CELL USA, Inc. (Q CELL USA) and SunPower Manufacturing Oregon, LLC 
(SPMOR), U.S. producers of the domestic like product, submitted letters 
stating that they did not oppose the partial revocation proposed by 
Memory Experts.\3\ On April 21, 2020, we issued a letter to Memory 
Experts noting that its changed circumstances reviews request lacked 
certain information required for Commerce to consider the request.\4\ 
On May 1, 2020, Memory Experts amended its request for changed 
circumstances reviews by providing the required information.\5\
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    \1\ See Certain Crystalline Silicon Photovoltaic Products From 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Solar 
Products Orders).
    \2\ See Memory Experts' Letter, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules From the 
People's Republic of China; Memory Experts Inc., dba 
PowerTraveller's Request for a Changed Circumstances Review,'' dated 
March 16, 2020.
    \3\ See Q CELL USA Inc.'s Letter, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules From the 
People's Republic of China; Hanwha Q CELL USA, Inc.'s Comments on 
Memory Experts Inc.'s Request for a Changed Circumstances Review,'' 
dated April 13, 2020; see also SunPower Manufacturing Oregon, LLC's 
Letter, ``Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China; SPMOR Comments on Memory Experts Inc.'s 
Request for a Changed Circumstances Review,'' dated April 13, 2020.
    \4\ See Commerce's Letter, ``Crystalline Silicon Photovoltaic 
Products From the People's Republic of China: Supplemental 
Questionnaire,'' dated April 21, 2020.
    \5\ See Memory Experts' Letter, ``Supplemental Questionnaire 
Response of Memory Experts Inc., dba PowerTraveller,'' dated May 1, 
2020.
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Scope of the Solar Products Orders

    The merchandise covered by these orders is modules, laminates and/
or panels consisting of crystalline silicon photovoltaic cells, whether 
or not partially or fully assembled into other products, including 
building integrated materials. For purposes of these orders, subject 
merchandise includes modules, laminates and/or panels assembled in 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China.
    Subject merchandise includes modules, laminates and/or panels 
assembled in China consisting of 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.
    Excluded from the scope of these 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 these orders are modules, laminates and/or panels 
assembled in China, consisting of 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 cells. Where more than one 
module, laminate and/or panel is permanently integrated into a consumer 
good, the surface area for purposes of this exclusion shall be the 
total combined surface area of all modules, laminates and/or panels 
that are integrated into the consumer good.
    Further, also excluded from the scope of these orders are any 
products covered by the existing antidumping and countervailing duty 
orders on crystalline silicon photovoltaic cells, whether or not 
assembled into modules, laminates and/or panels, from China.\6\
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    \6\ 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); 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).
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    Additionally, excluded from the scope of these orders are solar 
panels that are: (1) Less than 300,000 mm2 in surface area; (2) less 
than 27.1 watts in power; (3) coated across their entire surface with a 
polyurethane doming resin; and (4) joined to a battery charging and 
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box 
that incorporates a light emitting diode (LED)) by coated wires that 
include a connector to permit the incorporation of an extension cable. 
The battery charging and maintaining unit utilizes high-frequency 
triangular pulse waveforms designed to maintain and extend the life of 
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available 
under the registered trademark ``SolarPulse.''
    Merchandise covered by these orders is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 
8507.20.8090, 8541.40.6015, 8541.40.6020, 8541.40.6030, 8541.40.6035 
and 8501.31.8000. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of these 
orders is dispositive.\7\
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    \7\ See Solar Products Orders.
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Proposed Revocation of the Solar Products Orders

    Memory Experts proposes that the Solar Products Orders be revoked, 
in part, with respect to certain off-grid portable small panels. 
Specifically, Memory Experts proposes revoking the Solar Products 
Orders with respect to the solar panels described below:

    (1) Off-grid crystalline silicon photovoltaic panels without a 
glass cover with the following characteristics:
    (a) Total power output of 500 watts or less per panel;
    (b) Maximum surface area of 8,000 cm\2\ per panel;
    (c) Unit does not include a built-in inverter;
    (d) Unit has visible parallel grid collector metallic wire lines 
every 2-40 millimeters across each solar panel (depending on model);
    (e) Solar cells are encased in laminated frosted PET material 
without stitching; \8\
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    \8\ Although the polyester material has stitching on the 
perimeter of the unit, the cells are not stitched into the PET 
material.
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    (f) The panel is encased in polyester fabric with visible 
stitching which includes a Velcro-type storage pocket and unit 
closure, or encased within a Neoprene clamshell (depending on 
model);
    (g) Includes LED indicator.

Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Solar Products 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 \9\ 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 Memory Experts, 
and the domestic producers' affirmative statements of no interest in 
the Solar Products Orders with respect to the products described by 
Memory Experts, constitute a sufficient basis to conduct changed 
circumstances reviews of the Solar Products Orders.
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    \9\ Memory Experts reported in its March 16, 2020, request for 
changed circumstances reviews that it is an importer of solar 
panels. As such, Memory Experts 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

[[Page 35904]]

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.\10\
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    \10\ 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 domestic producers state that they do not oppose the partial 
revocation request; however, because neither domestic party indicated 
whether it accounts for substantially all of the domestic production of 
crystalline silicon photovoltaic products, 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 Solar Products 
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.\11\ Note that Commerce has modified certain of 
its requirements for serving documents containing business proprietary 
information, until July 17, 2020, unless extended.\12\ All submissions 
must be filed electronically using Enforcement and Compliance's AD and 
CVD Centralized Electronic Service System (ACCESS).\13\ 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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    \11\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(2).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18, 
2020).
    \13\ 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 these AD and CVD 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 these changed circumstances reviews in 
accordance with the time limits set forth in 19 CFR 351.216(e).
    This initiation notice is published in accordance with section 
751(b)(1) of the Act and 19 CFR 351.221(b)(1).

    Dated: June 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-12745 Filed 6-11-20; 8:45 am]
BILLING CODE 3510-DS-P