[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Notices]
[Pages 63934-63937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20071]


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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: On June 13, 2023, the U.S. Department of Commerce (Commerce) 
received a request for 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) from SOURCE Global, 
PBC (SOURCE Global) with respect to certain off-grid small portable 
crystalline silicon photovoltaic (CSPV) panels as described below. We 
preliminary determine to revoke, in part, the solar cells AD and CVD 
orders with respect to these products. Interested parties are invited 
to comment on these preliminary results.

DATES: Applicable September 18, 2023.

FOR FURTHER INFORMATION CONTACT: Jose Rivera, 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) 482-0842.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce published the AD and CVD orders on 
solar cells from China.\1\ On June 13, 2023, SOURCE Global, an importer 
of the subject merchandise, requested, through changed circumstances 
reviews (CCR), revocation of 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\ Within SOURCE Global's CCR request, SOURCE Global 
included a letter from the American Alliance for Solar Manufacturing 
(the Alliance), a U.S. producer of the domestic like product and a 
petitioner in the underlying investigations, in which the Alliance 
stated that it did not oppose the partial revocation of the Orders 
proposed by SOURCE Global.\3\ On July 31, 2023, 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 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, Orders).
    \2\ See SOURCE Global's Letter, ``Request for Changed 
Circumstances Review on Certain Off-Grid Small Portable Panels,'' 
dated June 13, 2023 (CCR Request).
    \3\ Id. at Exhibit 15.
    \4\ 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, 88 FR 49448 (July 31, 2023) (Initiation Notice).
    \5\ Id., 88 FR at 49450.
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Scope of the Orders

    The merchandise covered by these Orders is crystalline silicon 
photovoltaic cells, and modules,

[[Page 63935]]

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 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 10,000mm\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 mm\2\ to 33,782 mm\2\ 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, 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 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.
    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 cm\2\ 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 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.\6\
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    \6\ See Orders.
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Scope of the CCRs

    SOURCE Global requests that Commerce revoke the Orders, in part, to 
exclude from the scope off-grid crystalline silicon photovoltaic 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 180 watts per panel at 155 
degrees Celsius;
    (B) A surface area of less than 16,000 square centimeters (cm\2\) 
per panel;
    (C) Include a keep-out area of approximately 1,200 cm\2\ around the 
edges of the panel that does not contain solar cells;
    (D) Do not include a built-in inverter;
    (E) Do not have a frame around the edges of the panel;
    (F) Include a clear glass back panel;
    (G) Must include a permanently connected wire that terminates in a 
two-port rounded rectangular, sealed connector;
    (H) Include a thermistor installed into the permanently connected 
wire before the two-port connector; and
    (I) Include exposed positive and negative terminals at opposite 
ends of the panel, not enclosed in a junction box.

[[Page 63936]]

Preliminary Results of CCRs and Intent To Revoke the Orders, in Part

    Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g), 
Commerce may revoke an AD or CVD order, in whole or in part, based on a 
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1) 
of the Act requires a CCR to be conducted upon receipt of a request 
which shows changed circumstances sufficient to warrant a review. 
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 of an AD or CVD order 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.\7\ In 
its administrative practice, Commerce has interpreted ``substantially 
all'' to represent producers accounting for at least 85 percent of U.S. 
production of the domestic like product.\8\
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    \7\ See section 782(h) of the Act; and 19 CFR 351.222(g).
    \8\ See, e.g., 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), 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 a letter from the Alliance, a coalition of 
U.S. producers of the domestic like product, which stated that the 
Alliance did not oppose the changed circumstances reviews or the 
specific exclusion language proposed by SOURCE Global.\9\ In that 
letter, the Alliance did not indicate its share of production of the 
domestic like product.\10\ Thus, Commerce was unable to 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 Orders with respect to the off-grid small 
portable CSPV panels under consideration here. As a result, Commerce 
did not issue a combined notice of initiation and preliminary results 
in these CCRs.\11\ Instead, as stated above, 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. Accordingly, we find that the domestic industry has 
expressed no opposition with respect to the proposed revocation, in 
part, of the Orders.
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    \9\ See CCR Request at Exhibit 15.
    \10\ Id.; see also Initiation Notice.
    \11\ See Initiation Notice.
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    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 SOURCE Global, and in the absence of any other 
interested party comments addressing the issue of domestic industry 
support, we preliminarily conclude that producers accounting for 
substantially all of the production of the domestic like product to 
which the Orders pertain lack interest in the relief provided by the 
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 warrant revocation of the Orders, 
in part, with respect to such panels. Accordingly, we are notifying the 
public of our intent to revoke the Orders, in part, with respect to the 
off-grid small portable CSPV panels described in the ``Scope of the 
CCRs'' section above.
    If we make a final determination to revoke the Orders in part, then 
Commerce will apply this determination to each order as follows. 
Because we have completed administrative reviews of the Orders, the 
partial revocation will be retroactively applied to unliquidated 
entries of merchandise subject to the CCRs that were entered or 
withdrawn from warehouse, for consumption, on or after the day 
following the last day of the period covered by the most recently 
completed administrative reviews of the Orders, and which are not 
covered by automatic liquidation.
    We will consider comments from interested parties on these 
preliminary results before issuing the final results of these CCRs.\12\
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    \12\ See, e.g., 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. 
Rebuttal comments, limited to issues raised in written comments, may be 
filed no later than seven days after the due date for initial 
comments.\13\ All submissions must be filed electronically using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\14\ ACCESS is available 
to registered users at https://access.trade.gov. 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.\15\
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    \13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \14\ See, generally, 19 CFR 351.303.
    \15\ 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.
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Final Results of the CCRs

    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.\16\ If, in the 
final results of these reviews, Commerce continues to determine that 
changed circumstances warrant the revocation of the Orders, in part, we 
will instruct U.S. Customs and Border Protection (CBP) to liquidate 
without regard to ADs or CVDs, and to refund any estimated ADs and CVDs 
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. 
The current requirement for cash deposits of estimated ADs and CVDs on 
all entries of subject merchandise will continue unless they are 
modified pursuant to the final results of these changed CCRs.
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    \16\ See 19 CFR 351.216(e).
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    These preliminary results of these reviews and this notice are 
published in accordance with sections 751(b)(1) and 777(i) of the Act 
and 19 CFR 351.216, and 19 CFR 351.222.


[[Page 63937]]


    Dated: September 11, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-20071 Filed 9-15-23; 8:45 am]
BILLING CODE 3510-DS-P