[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Notices]
[Pages 54534-54535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19393]
[[Page 54534]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011]
Crystalline Silicon Photovoltaic Products 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 March 16, 2020, the Department of Commerce (Commerce)
received a request for 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. We preliminarily
find that producers accounting for substantially all of the domestic
production of the products to which the Solar Products Orders pertain
lack interest in the relief provided by those orders with respect to
certain off-grid portable small panels; therefore, we intend to revoke,
in part, the Solar Products Orders with respect to such panels.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable September 2, 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 Inc., dba PowerTraveller (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 amended (the Act) and
19 CFR 351.216(b).\2\
---------------------------------------------------------------------------
\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 (Memory Experts' Request).
---------------------------------------------------------------------------
On June 12, 2020, we published the Initiation Notice for these
changed circumstances reviews in the Federal Register.\3\ We invited
interested parties to submit comments concerning industry support for
the revocation, in part, of the Solar Products Orders, as well as
comments and/or factual information regarding these changed
circumstances reviews. We received no comments.
---------------------------------------------------------------------------
\3\ See 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, 85 FR 35902
(June 12, 2020) (Initiation Notice).
---------------------------------------------------------------------------
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.\4\
---------------------------------------------------------------------------
\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); 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).
---------------------------------------------------------------------------
Additionally, excluded from the scope of these orders are solar
panels that are: (1) Less than 300,000 mm\2\ 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\
---------------------------------------------------------------------------
\5\ See Solar Products Orders.
---------------------------------------------------------------------------
Preliminary Results of Changed Circumstances Reviews and Intent To
Revoke the Solar Products Orders, in Part
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
[[Page 54535]]
(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. Thus,
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.\6\ Commerce has
interpreted ``substantially all'' to represent producers accounting for
at least 85 percent of U.S. production of the domestic like product.\7\
---------------------------------------------------------------------------
\6\ See Section 782(h) of the Act and 19 CFR 351.222(g).
\7\ 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)(Honey Preliminary CCR Results), 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).
---------------------------------------------------------------------------
Hanwha Q CELL USA, Inc. (Q CELL USA) and SunPower Manufacturing
Oregon, LLC (SPMOR) submitted statements of lack of interest in the
continued application of the Solar Products Orders with respect to
certain off-grid portable small panels described below. However, these
statements did not confirm that Q CELL USA and SPMOR account for
substantially all domestic production of certain crystalline silicon
photovoltaic products.\8\ Thus, Commerce did not determine at the time
it initiated this changed circumstances review whether producers
accounting for substantially all of the production of the domestic like
product lacked interest. In the Initiation Notice, Commerce invited
interested parties to comment on the issue of domestic industry support
for a partial revocation of the Solar Products Orders with respect to
such panels. Commerce received no comments.
---------------------------------------------------------------------------
\8\ See Initiation Notice.
---------------------------------------------------------------------------
In light of Memory Experts' Request, Q CELL USA and SPMOR's
statement of lack of interest, and the absence of any interested party
comments received during the comment period, we preliminarily conclude
that producers accounting for substantially all of the production of
the domestic like product to which the Solar Products Orders pertain
lack interest in the relief provided by the Solar Products Orders with
respect to certain off-grid portable small panels that are the subject
of Memory Experts' Request. Thus, we determine that changed
circumstances warrant revocation of the Solar Products Orders, in part,
with respect to such panels.
Accordingly, we are notifying the public of our intent to revoke
the Solar Products Orders, in part, with respect to the following off-
grid portable small panels:
(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; \9\
---------------------------------------------------------------------------
\9\ Although the polyester material has stitching on the
perimeter of the unit, the cells are not stitched into the PET
material.
---------------------------------------------------------------------------
(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.
We will consider comments from interested parties on these
preliminary results before issuing the final results of this
review.\10\
---------------------------------------------------------------------------
\10\ See, e.g., Honey Preliminary CCR Results, 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); and 19 CFR
351.222(g)(3)(v).
---------------------------------------------------------------------------
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).\11\ 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. Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\12\
---------------------------------------------------------------------------
\11\ See generally 19 CFR 351.303.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
---------------------------------------------------------------------------
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
Solar Products 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 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-19393 Filed 9-1-20; 8:45 am]
BILLING CODE 3510-DS-P