[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Pages 42686-42688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14027]


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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 
Intent To Revoke the Antidumping and Countervailing Duty Orders, in 
Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) is revoking, in 
part, the antidumping duty and countervailing duty orders on 
crystalline silicon photovoltaic products (solar products) from the 
People's Republic of China (China) with respect to certain off-grid 
small portable crystalline silicon photovoltaic (CSPV) panels.

DATES: Applicable July 3, 2023.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, Commerce published the antidumping duty and 
countervailing duty orders on solar products from China.\1\ On August 
8, 2022, Shenzen Hello Tech Energy Co., Ltd. (Hello Tech), a Chinese 
producer and exporter of subject merchandise, requested that Commerce 
conduct changed circumstances reviews (CCR) to find that it is 
appropriate to revoke the Orders, in part, 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\ 
Hello Tech's CCR request included a letter from the American Alliance 
for Solar Manufacturing (the Alliance), a coalition of domestic 
producers of solar cells, which stated that the Alliance did not oppose 
Hello Tech's request for changed circumstances reviews and its proposed 
exclusion language.\3\ On September 29, 2022, we published the notice 
of initiation of the requested CCRs.\4\ 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.\5\ We received no 
comments or factual information.
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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) (AD Order 
and CVD Order, respectively; collectively, Orders).
    \2\ See Hello Tech's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Hello 
Tech's Resubmitted Request for Changed Circumstances Reviews,'' 
dated August 8, 2022 (CCR Request).
    \3\ Id. at Exhibit 7.
    \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, 87 FR 59043 
(September 29, 2022) (Initiation Notice).
    \5\ Id., 87 FR at 59044.

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[[Page 42687]]

    In light of the Alliance's statement of lack of interest in 
maintaining the Orders with respect to the off-grid small portable CSPV 
panels described by Hello Tech, and in the absence of any other 
interested party comments addressing the issue of domestic industry 
support, Commerce preliminarily found that producers accounting for 
substantially all of the domestic production of the products to which 
the Orders pertain lack interest in the relief provided by those Orders 
with respect to CSPV panels, and announced its intention to revoke, in 
part, the Orders with respect to these products.\6\ No interested 
parties filed comments on the Preliminary Results.
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    \6\ See Crystalline Silicon Photovoltaic Products 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, 88 FR 14129 (March 7, 2023) 
(Preliminary Results).
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Final Results of Changed Circumstances Reviews and Revocation of the 
Orders, in Part

    In light of Hello Tech's request, and domestic interested parties' 
lack of interest and non-opposition in the Orders covering the products 
under consideration, Commerce continues to find, pursuant to sections 
751(d)(1) and 782(h)(2) of the Act and 19 CFR 351.222(g), that changed 
circumstances exist that warrant revocation of the 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 Orders with respect to the 
following products: Off-grid small portable crystalline silicon 
photovoltaic panels, with or without a glass cover, with the following 
characteristics:

    (1) a total power output of 200 watts or less per panel;
    (2) a maximum surface area of 16,000 cm2 per panel;
    (3) no built-in inverter;
    (4) an integrated handle or a handle attached to the package for 
ease of carry;
    (5) one or more integrated kickstands for easy installation or 
angle adjustment; and
    (6) a wire of not less than 3 meters either permanently 
connected or attached to the package that terminates in an 8mm 
diameter male barrel connector.

    The scope description below includes this new exclusion.

Scope of the 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 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 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 these Orders are modules, laminates 
and/or panels assembled in China, consisting of crystalline silicon 
photovoltaic cells, not exceeding 10,000 mm2 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.
    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.
    Additionally, excluded from the scope of these Orders are solar 
panels that are: (1) less than 300,000 mm2 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 cm2 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; (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.
    Additionally excluded from the scope of these Orders are off-grid 
small portable crystalline silicon photovoltaic panels, with or without 
a glass cover, with the following characteristics: (1) a total power 
output of 200 watts or less per panel; (2) a maximum surface area of 
16,000 cm2 per panel; (3) no built-in inverter; (4) an integrated 
handle or a handle attached to the package for ease of carry; (5) one 
or more integrated kickstands for easy installation or angle 
adjustment; and (6) a wire of not less than 3 meters either permanently 
connected or attached to the package that terminates in an 8mm diameter 
male barrel connector.
    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.\7\
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    \7\ See Orders.
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Application of the Final Results of These Reviews

    Hello Tech 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

[[Page 42688]]

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 CCR Request at 21.
    \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 February 1, 2021 for the AD Order and 
January 1, 2021 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., 
February 1, 2021, through January 31, 2022 for the AD Order and January 
1, 2021, through December 31, 2021 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 February 1, 2021 for the AD Order and January 1, 
2021 for 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).

Administrative Protective Order

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
an APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to a judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.

Notification to Interested Parties

    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(g).

    Dated: June 22, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-14027 Filed 6-30-23; 8:45 am]
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