[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15914-15917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06186]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

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


Crystalline Silicon Photovoltaic Products 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 products from the People's Republic of 
China (China) (Solar Products Orders) with respect to certain off-grid 
portable small panels.

DATES: Applicable March 25, 2021.

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

[[Page 15915]]

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\ 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\
---------------------------------------------------------------------------

    \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).
    \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).
    \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.
---------------------------------------------------------------------------

    On June 5, 2020, Commerce initiated these changed circumstances 
reviews.\4\ Commerce invited interested parties to comment on, and 
submit factual information regarding, its initiation of changed 
circumstances reviews pertaining to the partial revocation of the Solar 
Products Orders with respect to certain off-grid portable small panels. 
Neither domestic party indicated whether it accounts for substantially 
all of the domestic production of crystalline silicon photovoltaic 
products; thus, Commerce solicited comments and/or factual information 
regarding these changed circumstances reviews, including comments on 
industry support and the proposed partial revocation language.
---------------------------------------------------------------------------

    \4\ 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).
---------------------------------------------------------------------------

    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, on August 26, 2020, 
Commerce preliminarily found 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 
and announced its intention to revoke, in part, the Solar Products 
Orders with respect to these products.\5\
---------------------------------------------------------------------------

    \5\ See 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, 85 FR 54534 
(September 2, 2020) (Preliminary Results).
---------------------------------------------------------------------------

    On September 16, 2020, Memory Experts commented on Commerce's 
preliminary results of these changed circumstances reviews.\6\ Memory 
Experts agrees with Commerce's preliminary partial rescission of the 
Solar Products Orders with respect to certain off-grid portable small 
panels, and requests that Commerce apply the revocations retroactively 
to February 1, 2019, for the AD order and January 1, 2019, for the CVD 
order. No other interested parties filed comments.
---------------------------------------------------------------------------

    \6\ See Memory Expert's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China; Memory 
Experts Inc., dba PowerTraveller's Comments on Preliminary Results 
of Changed Circumstances Reviews and Consideration of Revocation of 
the Antidumping and Countervailing Duty Orders in Part,'' dated 
September 16, 2020 (Memory Experts' Comments).
---------------------------------------------------------------------------

Final Results of Changed Circumstances Reviews and Revocation of the 
Solar Products Orders, in Part

    In light of Memory Experts' Request, and Q CELL USA and SPMOR's 
lack of interest in the Solar Products Orders covering the products 
under consideration, Commerce continues to find, pursuant to sections 
751(d)(1) and 782(h) of the Act and 19 CFR 351.222(g), that changed 
circumstances exist that warrant revocation of the Solar Products 
Orders, in part. No interested party opposed this partial revocation. 
Moreover, no parties provided other information or evidence that calls 
into question the partial revocation described in Commerce's 
Preliminary Results.
    Thus, Commerce is revoking, in part, the Solar Products Orders with 
respect to the following products: Off-grid crystalline silicon 
photovoltaic panels without a glass cover with the following 
characteristics:

    (1) Total power output of 500 watts or less per panel;
    (2) Maximum surface area of 8,000 cm\2\ per panel;
    (3) Unit does not include a built-in inverter;
    (4) Unit has visible parallel grid collector metallic wire lines 
every 2-40 millimeters across each solar panel (depending on model);
    (5) Solar cells are encased in laminated frosted PET material 
without stitching; \7\
---------------------------------------------------------------------------

    \7\ Although the polyester material has stitching on the 
perimeter of the unit, the cells are not stitched into the PET 
material.
---------------------------------------------------------------------------

    (6) 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);
    (7) Includes LED indicator.

    The scope description below includes this new exclusion.

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.

[[Page 15916]]

    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.\8\
---------------------------------------------------------------------------

    \8\ 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).
---------------------------------------------------------------------------

    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.''
    Also excluded from the scope of these orders are off-grid 
crystalline silicon photovoltaic panels without a glass cover with the 
following characteristics: (1) Total power output of 500 watts or less 
per panel; (2) maximum surface area of 8,000 cm\2\ per panel; (3) unit 
does not include a built-in inverter; (4) unit has visible parallel 
grid collector metallic wire lines every 2-40 millimeters across each 
solar panel (depending on model); (5) solar cells are encased in 
laminated frosted PET material without stitching; \9\ (6) 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); and (7) includes LED 
indicator.
---------------------------------------------------------------------------

    \9\ Although the polyester material has stitching on the 
perimeter of the unit, the cells are not stitched into the PET 
material.
---------------------------------------------------------------------------

    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.\10\
---------------------------------------------------------------------------

    \10\ See Solar Products Orders.
---------------------------------------------------------------------------

Application of the Final Results of These Reviews

    Memory Experts requested retroactive application of the final 
results of these reviews starting January 1, 2019, for purposes of the 
CVD proceeding, and February 1, 2019, for purposes of the AD 
proceeding.\11\ 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 authority.'' 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.\12\
---------------------------------------------------------------------------

    \11\ Memory Experts' Comments.
    \12\ 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); and 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).
---------------------------------------------------------------------------

    Commerce can exercise its discretion and deviate from this general 
practice if the particular facts of a case have implications for the 
effective date of the partial revocation selected by Commerce.\13\ 
According to Memory Experts, effective dates no later than January 1, 
2019, for the CVD proceeding and February 1, 2019, for the AD 
proceeding are appropriate because: (1) The statute and regulations 
only require that entries be unliquidated to be covered by a 
revocation; there is no requirement that the entries were not made 
during a period covered by a completed/rescinded administrative review; 
(2) Memory Experts requested these earlier effective dates; (3) Memory 
Experts requested these changed circumstances reviews before 
completion/rescission of the most recent administrative reviews of the 
Solar Products Orders; (4) earlier effective dates are supported by the 
domestic producers participating in these changed circumstances 
reviews; and (5) there are no administrability concerns with using 
earlier effective dates because sales of the products at issue during 
these earlier periods were not used in calculations in the most recent 
administrative reviews of the Solar Products Orders.
---------------------------------------------------------------------------

    \13\ See section 751(d)(3) of the Act; Itochu Building Products 
v. United States, Court No. 11-00208, Slip Op. 14-37 (CIT April 8, 
2014) (Itochu Bldg. Prod) 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.'')
---------------------------------------------------------------------------

    We find, based on the facts in this case, that it is appropriate to 
apply this partial revocation retroactively to unliquidated entries on 
or after January 1, 2019, for the CVD order, and February 1, 2019, for 
the AD order. Commerce did not conduct, and thus did not issue final 
results of, administrative reviews for the periods beginning on January 
1, 2019, for the CVD order and February 1, 2019 for the AD order. Also, 
Commerce had not yet issued any liquidation instructions for the review 
periods beginning on January 1, 2019, for the CVD order and February 1, 
2019, for the AD order at the time that Memory Experts requested these 
changed circumstances reviews and the U.S. producers of the domestic 
like product informed Commerce that they did not oppose the proposed 
partial revocation. Accordingly, we are retroactively applying the 
partial revocation to unliquidated entries of merchandise subject to 
the Solar Products Orders that were entered or withdrawn from 
warehouse, for consumption, on or after January 1, 2019, for the CVD 
order, and February 1, 2019, for the AD order.

Instructions to CBP

    Based on these final results, we intend to instruct CBP to 
liquidate without regard to countervailing and antidumping duties, and 
to refund any estimated countervailing and antidumping duties collected 
on, all unliquidated entries of the merchandise covered by the 
revocation effective

[[Page 15917]]

January 1, 2019, for the CVD order and February 1, 2019, for the AD 
order.

Notification to Interested Parties

    This notice serves as a final reminder to parties subject to 
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 
with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results in accordance 
with sections 751(b) and 777(i) of the Act, as amended, and 19 CFR 
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222

    Dated: March 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-06186 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P