[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Notices]
[Pages 45373-45375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16326]


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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 Maodi Solar Technology (Dongguan) Co., 
Ltd., (Maodi Solar), the Department of Commerce (Commerce) is 
initiating changed circumstances reviews (CCRs) to consider the 
possible revocation, in part, of the antidumping duty (AD) and 
countervailing duty (CVD) orders on crystalline silicon photovoltaic 
products (solar products) from the People's Republic of China (China) 
with respect to certain off-grid portable small panels.

DATES: Applicable July 28, 2020.

FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3875.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, Commerce published AD and CVD orders on solar 
products from China.\1\ On June 17, 2020, Maodi Solar, an exporter of 
subject merchandise, requested that Commerce conduct CCRs to revoke the 
Orders with respect to certain off-grid portable small panels, pursuant 
to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.216(b).\2\ On July 13, 2020, SunPower Manufacturing 
Oregon, LLC (the petitioner), a domestic producer of the domestic like 
product, submitted a letter stating that it took no position regarding 
the partial revocation proposed by Maodi Solar.\3\ We received

[[Page 45374]]

no other comments regarding Maodi Solar's request.
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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) (Orders).
    \2\ See Maodi Solar's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China (A-570-
010; C-570-011): Maodi Solar's Request for Changed Circumstances 
Review,'' dated June 17, 2020.
    \3\ See Petitioner's Letter, ``Crystalline Silicon Photovoltaic 
Products from the People's Republic of China: Comments on Maodi 
Solar's Request for Changed Circumstances Review,'' dated July 13, 
2020.
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Scope of the 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.\4\
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    \4\ 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); see also 
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.\5\
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    \5\ See the Orders.
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Proposed Revocation of the Orders

    Maodi Solar proposes that the Orders be revoked, in part, with 
respect to certain off-grid portable small panels. Specifically, Maodi 
Solar proposes revoking the Orders with respect to the solar panels 
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 cm2 per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in a 
male barrel connector, or, a two-port rectangular connector with two 
pins in square housings of different colors, or, an Anderson connector;
    (E) must be in individual retail packaging (for purposes of this 
provisions, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport)
    (2) Off-grid CSPV panels in rigid form 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) 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 storage 
pocket; and, (iii) includes (a) a wire that terminates in a female USB-
A connector; or, (b) a junction box which includes a female USB-A 
connector.

Initiation of CCRs and Consideration of Revocation of the Orders, in 
Part

    Pursuant to section 751(b) of the Act, Commerce will conduct a CCR 
upon receipt of a request from an interested party \6\ 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 Maodi Solar constitutes a sufficient basis to 
conduct CCRs of the Orders.
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    \6\ Maodi Solar reported in its June 17, 2020, request for CCRs 
that it is an exporter of solar panels. As such, Maodi Solar is an 
interested party pursuant to 19 CFR 351.102(b)(29)(i).
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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.\7\
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    \7\ 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 takes no position with respect to 
Maodi Solar's

[[Page 45375]]

partial revocation request. We interpret the petitioner's statement to 
mean 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 solar 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 Orders, as explained below. After examining comments, if any, 
concerning domestic industry support, we will issue the preliminary 
results of these CCRs.

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these CCRs, 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.\8\ 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\9\ All submissions must be filed electronically 
using Enforcement and Compliance's AD and CVD Centralized Electronic 
Service System (ACCESS).\10\ 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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    \8\ Submissions of rebuttal factual information must comply with 
19 CFR 351.301(b)(2); see also Temporary Rule Modifying AD/CVD 
Service Requirements Due to COVID-19; Extension of Effective Period, 
85 FR 41363 (July 10, 2020) (Temporary Rule).
    \9\ See Temporary Rule.
    \10\ 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 CCRs 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 CCRs in accordance with the time limits set 
forth in 19 CFR 351.216(e).

Notification to Interested Parties

    This initiation notice is published in accordance with section 
751(b)(1) of the Act and 19 CFR 351.221(b)(1).

    Dated: July 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-16326 Filed 7-27-20; 8:45 am]
BILLING CODE 3510-DS-P