[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Notices]
[Pages 33982-33984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13731]


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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: Preliminary Results 
of Changed Circumstances Reviews, and Intent To Revoke the Antidumping 
and Countervailing Duty Orders, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) intends to revoke, in 
part, 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 certain off-grid small portable CSPV panels. Interested parties 
are invited to comment on these preliminary results.

DATES: Applicable June 28, 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 the AD and CVD orders on 
solar cells from China.\1\ On December 4, 2020, SOURCE Global, PBC 
(SOURCE Global), a U.S. importer of subject merchandise, requested, 
through changed circumstance reviews (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\
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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.
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    On March 15, 2021, we initiated the requested CCRs.\3\ In the 
Initiation Notice, we invited interested parties to provide comments 
and/or factual information regarding these CCRs, including comments on 
industry support and the proposed partial revocation language. We 
received no comments or factual information.
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    \3\ See 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, 86 FR 16585 (March 30, 2021) (Initiation Notice).
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Scope of the Solar 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 cover 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

[[Page 33983]]

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 10,000 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 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 8 mm 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.\4\
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    \4\ See Solar Cells Orders.
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Preliminary Results of Changed Circumstances Reviews and Intent To 
Revoke the Solar Cells Orders, in Part

    Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g), 
Commerce may revoke an order, in whole or in part, based on a review 
under section 751(b) of the Act (i.e., a CCR). 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 CCR under 19 CFR 351.216, and may revoke an order (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.\5\ 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.\6\
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    \5\ See section 782(h) of the Act and 19 CFR 351.222(g).
    \6\ 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).
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    SOURCE Global submitted letters from SunPower Manufacturing Oregon, 
LLC (SPMOR), a U.S. producer of the domestic like product and a 
petitioner in the underlying investigations, indicating that it does 
not object to the scope modification proposed by SOURCE Global which 
would exclude certain off-grid small portable CSPV panels from the 
Solar Cells Orders.\7\ In those letters, SPMOR did not indicate its 
share of production of the domestic like product.\8\ Thus, Commerce did 
not determine, at the time that it initiated these CCRs, whether 
producers accounting for substantially all of the U.S. production of 
the domestic like product lacked interest in the Solar Cells Orders 
with respect to the off-grid small portable CSPV panels under 
consideration here. Hence, in the Initiation Notice, Commerce invited 
interested parties to provide comments and/or factual information 
regarding these CCRs, including comments on industry support and the 
proposed partial revocation language. No party submitted comments.
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    \7\ See SOURCE Global's Letters, ``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; and ``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 at Exhibit 
2.
    \8\ See Initiation Notice.
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    In light of SPMOR's lack of interest in maintaining the Solar Cells 
Orders with respect to the off-grid small portable CSPV panels 
described by SOURCE Global, and in the absence of any interested party 
comments, we preliminarily conclude that producers accounting for 
substantially all of the production of the domestic like product to 
which the Solar Cells Orders pertain lack interest in the relief 
provided by the Solar Cells Orders with respect to the off-grid small 
portable CSPV panels that are the subject of SOURCE Global's CCR 
request. Thus, we preliminarily determine that changed circumstances

[[Page 33984]]

warrant revocation of the Solar Cells Orders, in part, with respect to 
such panels.
    Accordingly, we are notifying the public of our intent to revoke 
the Solar Cells Orders, in part, with respect to the following off-grid 
small portable CSPV panels:
    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.
    We will consider comments from interested parties on these 
preliminary results before issuing the final results of these CCRs.\9\
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    \9\ 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).
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Public Comment

    Interested parties are invited to comment on these preliminary 
results of CCRs 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 in the Federal Register. 
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).\10\ An electronically filed document must be 
successfully received in its entirety by ACCESS, by 5 p.m. Eastern Time 
on the deadlines 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.\11\
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    \10\ See generally 19 CFR 351.303.
    \11\ 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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Final Results of the Changed Circumstances Reviews

    Commerce will issue the final results of these CCRs, which will 
include its analysis of any written comments, no later than 270 days 
after the date on which these reviews were initiated.\12\ If, in the 
final results of these reviews, Commerce continues to determine that 
changed circumstances warrant the revocation of the Solar Cells Orders, 
in part, we will instruct U.S. Customs and Border Protection (CBP) to 
liquidate without regard to antidumping or countervailing duties, and 
to refund any estimated antidumping and countervailing duties deposited 
on, all unliquidated entries of the merchandise covered by the 
revocation that are not covered by the final results of an 
administrative review or an automatic liquidation instruction to CBP.
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    \12\ See 19 CFR 351.216(e).
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    The current requirement for cash deposits of estimated antidumping 
and countervailing duties on all entries of subject merchandise will 
continue unless they are modified pursuant to the final results of 
these CCRs.

Notification to Interested Parties

    These preliminary results of CCRs and this notice are published 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: June 22, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2021-13731 Filed 6-25-21; 8:45 am]
BILLING CODE 3510-DS-P