[Federal Register Volume 89, Number 55 (Wednesday, March 20, 2024)]
[Notices]
[Pages 19809-19811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05926]



[[Page 19809]]

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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 U.S. Department of Commerce (Commerce) is revoking, in 
part, the antidumping duty and countervailing duty 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 as described below.

DATES: Applicable March 20, 2024.

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 antidumping duty and 
countervailing duty orders on solar cells from China.\1\ On June 13, 
2023, SOURCE Global, PBC (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\ SOURCE 
Global's CCR request included a letter from the American Alliance for 
Solar Manufacturing (the Alliance), a coalition of domestic producers 
of solar cells and petitioner in the underlying investigation, which 
stated that the Alliance did not oppose SOURCE Global's request for 
changed circumstances reviews and its proposed exclusion language.\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) (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, ``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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    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, 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\ On September 18, 
2023 we published the Preliminary Results and provided interested 
parties an opportunity to comment and to request a public hearing.\7\
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    \6\ 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, 88 
FR 63934 (September 18, 2023) (Preliminary Results).
    \7\ Id., 88 FR at 63936.
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    On October 16, 2023, Commerce received comments from SOURCE Global 
and the Alliance.\8\ Commerce did not receive any hearing requests.
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    \8\ See SOURCE Global's Letter, ``Comments on the Preliminary 
Results,'' dated October 16, 2023 (SOURCE Global's Comments); and 
the Alliance's Letter, ``Comments on Preliminary Results,'' dated 
October 16, 2023 (Alliance'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 a 
revocation date of December 1, 2021 for the AD Order and January 1, 
2021 for the CVD Order.\9\ The Alliance, in its comments, did not 
oppose Commerce's Preliminary Results and supported SOURCE Global's 
proposed effective dates of revocation of December 1, 2021 for the AD 
Order and January 1, 2021 for the CVD Order.\10\ Because no party 
submitted comments opposing the Preliminary Results of these CCRs, and 
the record contains no other information or evidence that call the 
Preliminary Results into question, there is no decision memorandum 
accompanying this notice and Commerce continues to determine, pursuant 
to sections 751(d)(1) and 782(h)(2) of the Act and 19 CFR 351.222(g), 
that there are changed circumstances that warrant revocation of the 
Orders, in part. Specifically, because 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, 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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    \9\ See SOURCE Global's Comments at 5-7.
    \10\ See Alliance's Comments at 2.
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    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.
    The scope description will, henceforth, include the exclusion 
language articulated above.

[[Page 19810]]

Scope of the 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 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 10,000mm2 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 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 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.
    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 square centimeters (cm2) 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 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.
    Also excluded from the scope of these Orders are 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.
    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.\11\
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    \11\ See Orders.

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[[Page 19811]]

Application of the Final Results of These Reviews

    SOURCE Global requested that Commerce retroactively 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 an automatic liquidation 
instruction.'' \12\ 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.\13\
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    \12\ See SOURCE Global's Comments at 5-6.
    \13\ 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, 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., 
December 1, 2021, through November 30, 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 December 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: March 14, 2024.
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. 2024-05926 Filed 3-19-24; 8:45 am]
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