[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16585-16587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06540]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979, C-570-980]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, 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 SOURCE Global, PBC (SOURCE Global), 
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 cells, whether or not assembled 
into modules (solar cells), from the People's Republic of China (China) 
with respect to certain off-grid small portable crystalline silicon 
photovoltaic (CSPV) panels.

DATES: Applicable March 15, 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 December 7, 2012, Commerce published AD and CVD orders on solar

[[Page 16586]]

cells from China.\1\ On December 4, 2020, SOURCE Global, an importer of 
the subject merchandise, requested, through CCRs, revocation of the 
Solar Cells Orders with respect to certain off-grid small portable CSPV 
panels, pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.216(b).\2\ SOURCE Global requested 
that Commerce apply the proposed exclusion retroactively to the 
furthest possible date.\3\ On January 15, 2021, we notified SOURCE 
Global that its request for CCRs lacked certain information that was 
required in order for Commerce to consider the request.\4\ On January 
29, 2021, SOURCE Global amended its request for CCRs by providing the 
required information, including a letter from SunPower Manufacturing 
Oregon LLC (SPMOR), a U.S. producer of the domestic like product and a 
petitioner in the underlying investigations, in which SPMOR stated that 
it did not object to the scope modification proposed by SOURCE 
Global.\5\ On March 10, 2021, SOURCE Global submitted an edited version 
of the proposed exclusion language and included a letter from SPMOR, in 
which SPMOR stated that it did not object to the scope modification 
proposed by SOURCE Global.\6\
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    \1\ 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) (collectively, Solar 
Cells Orders).
    \2\ See SOURCE Global's Letter, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from the 
People's Republic of China; Request for Changed Circumstances Review 
on Certain Off-Grid Portable Small Panels and Consumer Products 
Containing Such Panels,'' dated December 4, 2020.
    \3\ Id. at 13.
    \4\ See Commerce's Letter, ``Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules, from the People's 
Republic of China: Request for Additional Information,'' dated 
January 15, 2021.
    \5\ See SOURCE Global's Letter, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from the 
People's Republic of China; Changed Circumstances Review on Certain 
Off-Grid Portable Small Panels and Consumer Products Containing Such 
Panels; SOURCE Global, PBC Response to Department of Commerce 
Information Request,'' dated January 29, 2021.
    \6\ See SOURCE Global's Letter, ``Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from the 
People's Republic of China; SOURCE Global, PBC Changed Circumstances 
Review Request; SOURCE Global, PBC Submission of Edited Product 
Exclusion Language,'' dated March 10, 2021.
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Scope of the Cells Orders

    The merchandise covered by these orders is crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including, but not limited to, 
modules, laminates, panels and building integrated materials.
    These orders covers 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.
    Merchandise under consideration may be described at the time of 
importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of these orders.
    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 crystalline 
silicon photovoltaic cells, not exceeding 10,000mm\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 cell. Where more 
than one cell is permanently integrated into a consumer good, the 
surface area for purposes of this exclusion shall be the total combined 
surface area of all cells that are integrated into the consumer good.
    Additionally, excluded from the scope of the orders are panels with 
surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one 
red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length 
when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 
amps, and 3.19 watts. For the purposes of this exclusion, no panel 
shall contain an internal battery or external computer peripheral 
ports.
    Also excluded from the scope of the orders are:
    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 
either an 8mm male barrel connector, or a two-port rectangular 
connector with two pins in square housings of different colors;
    (E) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (F) must be in individual retail packaging (for purposes of this 
provision, retail packaging typically includes graphics, the product 
name, its description and/or features, and foam for transport); and
    2. Off grid CSPV panels 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) must include visible parallel grid collector metallic wire 
lines every 1-4 millimeters across each solar cell; and
    (E) 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 mesh 
zippered storage pocket, and (iii) includes a permanently attached wire 
that terminates in a female USB-A connector.
    Modules, laminates, and panels produced in a third-country from 
cells produced in China are covered by the orders; however, modules, 
laminates, and panels produced in China from cells produced in a third-
country are not covered by these orders.
    Merchandise covered by these orders is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, 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 Cells Orders.

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[[Page 16587]]

Proposed Partial Revocation of the Solar Cells Order

    SOURCE Global proposes that the Solar Cells Orders be revoked, in 
part, with respect to certain off-grid small portable CSPV panels as 
described below:

    (1). Off-grid CSPV panels in rigid form with a glass cover, with 
each of the following physical characteristics, whether or not 
assembled into a fully completed off-grid hydropanel whose function 
is conversion of water vapor into liquid water:
    (A) A total power output of no more than 80 watts per panel;
    (B) A surface area of less than 5,000 square centimeters (cm\2\) 
per panel;
    (C) Do not include a built-in inverter;
    (D) Do not have a frame around the edges of the panel;
    (E) Include a clear glass back panel; and
    (F) Must include a permanently connected wire that terminates in 
a two-port rectangular connector.

Initiation of CCRs, and Consideration of Revocation of the Solar Cells 
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 \8\ 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 SOURCE Global, and the domestic producer's 
affirmative statement of no interest in the Solar Cells Orders with 
respect to the products described by SOURCE Global, constitute a 
sufficient basis to conduct CCRs of the Solar Cells Orders.
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    \8\ SOURCE Global reported in its December 4, 2020, request for 
changed circumstances reviews that it is an importer of certain off-
grid small portable CSPV panels. As such, SOURCE Global is an 
interested party within the meaning of section 771(9)(A) of the Act 
and 19 CFR 351.102(b)(29)(ii).
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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 
that Commerce determines an 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.\9\
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    \9\ 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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    Domestic producer SPMOR stated that it does not object to the scope 
modification proposed by SOURCE Global. However, because SPMOR did not 
indicate whether it accounts for substantially all of the U.S. 
production of the domestic like product covered by the orders, we are 
not combining this notice of initiation with a preliminary 
determination, pursuant to 19 CFR 351.221(c)(3)(ii). Rather, we will 
provide interested parties with an opportunity to address the issue of 
domestic industry support with respect to the partial revocation of the 
Solar Cells 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.\10\ 
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\
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    \10\ Submissions of rebuttal factual information must comply 
with 19 CFR 351.301(b)(2).
    \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).
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Preliminary and Final Results of the CCRs

    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). Commerce will set forth its preliminary 
factual and legal conclusions in that notice. Unless extended, Commerce 
will issue the 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: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-06540 Filed 3-29-21; 8:45 am]
BILLING CODE 3510-DS-P