[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71615-71617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27326]


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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: 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 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 December 17, 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 circumstances reviews (CCRs), revocation of the 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) (AD Order); 
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) (CVD 
Order) (collectively, 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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[[Page 71616]]

    On March 15, 2021, Commerce 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. On June 23, 2021, Commerce 
published notice of the preliminary results of these CCRs of the Orders 
and its intent to revoke the Orders, pursuant to section 751(b)(1) of 
the Act and 19 CFR 351.216(b), with respect to certain off-grid small 
portable CSPV panels.\4\ We invited interested parties to comment on 
the Preliminary Results. On July 12, 2021, Commerce received comments 
from SOURCE Global.\5\
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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).
    \4\ See 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, 86 
FR 33982 (June 28, 2021) (Preliminary Results).
    \5\ 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 Comments on Preliminary Results 
of Reviews,'' dated July 12, 2021 (SOURCE Global's Comments).
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Final Results of Changed Circumstances Reviews and Revocation of the 
Orders, in Part

    In its comments, SOURCE Global agreed with, and supported, 
Commerce's Preliminary Results and requested that Commerce apply the 
revocation to the earliest possible date.\6\ Because no party submitted 
comments opposing the preliminary results of these CCRs, and the record 
contains no other information or evidence that calls into question the 
Preliminary Results, Commerce determines, pursuant to sections 
751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g), that there are 
changed circumstances that warrant revocation of the Orders, in part. 
Specifically, because the producers accounting for substantially all of 
the production of the domestic like product to which the Orders pertain 
have not expressed interest in maintaining the relief provided by the 
Orders with respect to the off-grid small portable CSPV panels, as 
described below, Commerce is revoking the Orders, in part, with respect 
to the following off-grid small portable CSPV panels:
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    \6\ Id. at 4.

    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.

The scope description will henceforth include the exclusion language 
articulated above.

Scope of the Orders

    The merchandise covered by the 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.
    The 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 under consideration are included in the scope 
of the Orders.
    Excluded from the scope of the 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 the 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 cm\2\ 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 cm\2\ 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.

    In addition, the following CSPV panels are excluded from the scope 
of the Orders:
    Off-grid CSPV panels in rigid form with a glass cover, with each of 
the following physical characteristics,

[[Page 71617]]

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.

    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 the Orders.
    Merchandise covered by the 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 the Orders is 
dispositive.\7\
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    \7\ See Solar Cells Orders.
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Application of the Final Results of Reviews

    SOURCE Global requested that Commerce apply the final results of 
these reviews to ``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 instruction.'' \8\ 
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.\9\
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    \8\ See SOURCE Global's Comments at 5.
    \9\ 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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    Consistent with this practice, we are applying the final results of 
these CCRs to all unliquidated entries of the merchandise covered by 
the revocations which have been entered, or withdrawn from warehouse, 
for consumption on or after December 1, 2020, for the AD Order, and 
January 1, 2020, for the CVD Order. These are the beginning dates of 
the earliest periods of review not covered by the final results of an 
administrative review or automatic liquidation instructions (i.e., 
December 1, 2020 through November 30, 2021 for the AD Order and January 
1, 2020 through December 31, 2020 for the CVD Order).

Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, we will instruct 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 this partial 
revocation on or after December 1, 2020, for purposes of the AD Order 
and January 1, 2020, for purposes of the CVD Order.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results of CCRs in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the instructions will direct CBP not to liquidate 
relevant entries until the time for parties to file a request for a 
statutory injunction has expired (i.e., within 90 days of publication).

Notification to Interested Parties

    This notice serves as a 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 of CCRs 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: December 10, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-27326 Filed 12-16-21; 8:45 am]
BILLING CODE 3510-DS-P