[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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