[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]
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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: 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\
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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).
\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.
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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.
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\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).
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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\
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\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).
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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.
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\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).
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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\
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\7\ 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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(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\
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\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).
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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.
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\9\ 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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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\
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\10\ See Solar Products Orders.
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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\
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\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).
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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.
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\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.'')
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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