[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43816-43821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11027]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-555-004, C-557-831, C-549-852, C-552-842]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From Cambodia, Malaysia, Thailand, and the Socialist 
Republic of Vietnam: Initiation of Countervailing Duty Investigations

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


DATES: Applicable May 14, 2024.

FOR FURTHER INFORMATION CONTACT: Dusten Horn or Garry Kasparov 
(Cambodia), Preston Cox or Scarlet Jaldin (Malaysia), Shane Subler or 
Henry Wolfe (Thailand), and Frank Schmitt (the Socialist Republic of 
Vietnam (Vietnam)), AD/CVD Operations, Offices I, VI, and VIII, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-5075, (202) 482-1397, (202) 482-5041, (202) 
482-4275, (202) 482-2000, (202) 482-0574, and (202) 482-4880, 
respectively.

SUPPLEMENTARY INFORMATION: 

The Petitions

    On April 24, 2024, the U.S. Department of Commerce (Commerce) 
received countervailing duty (CVD) petitions concerning imports of 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), from Cambodia, Malaysia, Thailand, and Vietnam 
filed in proper form on behalf of The American Alliance for Solar 
Manufacturing Trade Committee (the petitioner or Committee).\1\ On May 
9, 2024, the petitioner filed an amendment to the Petitions, clarifying 
the identity of the members of the Committee.\2\ The CVD petitions were 
accompanied by antidumping duty (AD) petitions concerning imports of 
solar cells from Cambodia, Malaysia, Thailand, and Vietnam.\3\
---------------------------------------------------------------------------

    \1\ See Petitioner' Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated April 24, 2024 (the 
Petitions); and ``Errata to General Issues Volume I of Antidumping 
and Countervailing Duty Petitions,'' dated April 26, 2024.
    \2\ See Petitioner's Letter, ``Amendment to Petitions for the 
Imposition of Antidumping and Countervailing Duties,'' dated May 9, 
2024 (Petition Amendment). The petitioner clarifies that the members 
of the Committee are: First Solar, Inc.; Hanwha Q CELLS USA, Inc.; 
and Mission Solar Energy LLC. See Petition Amendment at 1.
    \3\ See Petitions.
---------------------------------------------------------------------------

    Between April 26 and May 13, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions.\4\ Between 
April 30 and May 13, 2024, the petitioner filed timely responses to 
these requests for additional information.\5\
---------------------------------------------------------------------------

    \4\ See Commerce's Letters, ``Supplemental Questions,'' dated 
April 26, 2024; ``Petition for the Imposition of Countervailing 
Duties on Imports of Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled into Modules, from the Kingdom of Cambodia: 
Supplemental Questions,'' dated April 30, 2024; ``Petition for the 
Imposition of Countervailing Duties on Imports of Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from Malaysia: Supplemental Questions,'' dated April 30, 2024; 
``Petition for the Imposition of Countervailing Duties on Imports of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from Thailand: Supplemental Questions,'' dated April 
30, 2024; and ``Petition for the Imposition of Countervailing Duties 
on Imports of Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the Socialist Republic of Vietnam: 
Supplemental Questions,'' dated April 30, 2024, see also Memoranda, 
``Phone Call with Counsel to the Petitioner,'' dated May 3, 2024 
(May 3, 2024, Memorandum); and ``Phone Call with Counsel to the 
Petitioner,'' dated May 13, 2024.
    \5\ See Petitioner's Letters, ``Petitioner's Responses to First 
Supplemental Questionnaire Regarding General Injury Vol. I of the 
Petition,'' dated April 30, 2024 (First General Issues Supplement); 
``Petitioner's Response to First Supplemental Questionnaire 
Regarding Cambodia Countervailing Duty Volume VI of the Petition,'' 
dated May 1, 2024; ``Petitioner's Response to First Supplemental 
Questionnaire Regarding Malaysia Countervailing Duty Volume VII of 
the Petition,'' dated May 2, 2024; ``Petitioner's Responses to Frist 
Supplemental Questionnaire Regarding Thailand Countervailing Duty 
Volume VIII of the Petition,'' dated May 3, 2024; ``Petitioner's 
Responses to First Supplemental Questionnaire Regarding Vietnam 
Countervailing Duty Volume IX of the Petition,'' dated May 3, 2024; 
``Petitioner's Response to Second Supplemental Questionnaire 
Regarding Cambodia Countervailing Duty Volume VI of the Petition,'' 
dated May 6; ``Petitioner's Additional Responses to First 
Supplemental Questionnaire Regarding Malaysia Countervailing Duty 
Volume VII of the Petition,'' dated May 6, 2024; ``Petitioner's 
Additional Responses to First Supplemental Questionnaire Regarding 
Thailand Countervailing Duty Volume VIII of the Petition,'' dated 
May 6, 2024; ``Petitioner's Additional Responses to the Supplemental 
Questionnaire Regarding Vietnam Countervailing Duty Volume IX of the 
Petition,'' dated May 6, 2024; ``Petitioner's Responses to 
Supplemental Questionnaire Phone Call Regarding General Injury Vol. 
I of the Petition,'' dated May 7, 2024 (Second General Issues 
Supplement); and ``Petitioner's Response to the Third Supplemental 
Questionnaire Regarding General Injury Vol. I of the Petition,'' 
dated May 13, 2024 (Third General Issues Supplement).
---------------------------------------------------------------------------

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that the

[[Page 43817]]

Government of Cambodia (GOC), the Government of Malaysia (GOM), the 
Government of Thailand (GOT), and the Government of Vietnam (GOV) 
(collectively, Governments) are providing countervailable subsidies, 
within the meaning of sections 701 and 771(5) of the Act, to producers 
of solar cells from Cambodia, Malaysia, Thailand, and Vietnam, and that 
such imports are materially injuring, or threatening material injury 
to, the domestic industry producing solar cells in the United States. 
Consistent with section 702(b)(1) of the Act and 19 CFR 351.202(b), for 
those alleged programs on which we are initiating CVD investigations, 
the Petitions were accompanied by information reasonably available to 
the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry because the petitioner is an interested party as 
defined in section 771(9)(F) of the Act.\6\ Commerce also finds that 
the petitioner demonstrated sufficient industry support with respect to 
the initiation of the requested CVD investigations.\7\
---------------------------------------------------------------------------

    \6\ The majority of the members of the Committee are interested 
parties under section 771(9)(C) of the Act; thus, the Committee 
qualifies as an interested party under section 771(9)(F) of the Act.
    \7\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on April 24, 2024, the periods of 
investigation for the Cambodia, Malaysia, Thailand, and Vietnam CVD 
investigations are January 1, 2023, through December 31, 2023.\8\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------

Scope of the Investigations

    The merchandise covered by these investigations are solar cells 
from Cambodia, Malaysia, Thailand, and Vietnam. For a full description 
of the scope of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On May 3, 2024, Commerce requested information and clarification 
from the petitioner regarding the proposed scope to ensure that the 
scope language in the Petitions is an accurate reflection of the 
products for which the domestic industry is seeking relief.\9\ On May 
7, 2024, the petitioner provided clarifications and revised the 
scope.\10\ The description of merchandise covered by these 
investigations, as described in the appendix to this notice, reflects 
these revisions.
---------------------------------------------------------------------------

    \9\ See May 3, 2024, Memorandum.
    \10\ See Second General Issues Supplement at 2-6.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\11\ Commerce will consider all comments 
received from interested parties and, if necessary, will consult with 
interested parties prior to the issuance of the preliminary 
determinations. If scope comments include factual information, all such 
factual information should be limited to public information.\12\ To 
facilitate preparation of its questionnaires, Commerce requests that 
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on June 3, 
2024, which is 20 calendar days from the signature date of this 
notice.\13\ Any rebuttal comments, which may include factual 
information, must be filed by 5:00 p.m. ET on June 13, 2024, which is 
10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------

    \11\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \12\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \13\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of the investigations be submitted 
during that time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
AD and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\14\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \14\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance; Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014), for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Consultations

    Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce 
notified the Governments of the receipt of the Petitions and provided 
an opportunity for consultations with respect to the Petitions.\15\ 
Commerce held consultations with the GOC on May 7, 2024,\16\ the GOV on 
May 7, 2024,\17\ the GOM on May 8, 2024,\18\ and the GOT on May 8, 
2024.\19\
---------------------------------------------------------------------------

    \15\ See Commerce's Letters, ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from 
Malaysia,'' dated April 25, 2024; ``Invitation for Consultation to 
Discuss the Countervailing Duty Petition on Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules from the 
Socialist Republic of Vietnam,'' dated April 25, 2024; 
``Countervailing Duty Petition on Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules from the Kingdom of 
Cambodia: Invitation for Consultations to Discuss the Countervailing 
Duty Petition,'' dated April 26, 2024; and ``Invitation for 
Consultation to Discuss the Countervailing Duty Petition on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the Kingdom of Thailand,'' dated April 26, 2024.
    \16\ See Memorandum, ``Consultations with the Government of 
Cambodia,'' dated May 7, 2024.
    \17\ See Memorandum, ``Consultations with officials from the 
Government of the Socialist Republic of Vietnam,'' dated May 7, 
2024.
    \18\ See Memorandum, ``Consultations with Officials from the 
Government of Malaysia'' dated May 9, 2024.
    \19\ See Memorandum, ``Consultations with Officials from the 
Royal Thai Government,'' dated May 10, 2024.
---------------------------------------------------------------------------

    Additionally, given the nature of certain subsidy programs alleged 
in the Petitions, on May 7, 2024, Commerce issued a letter to the 
Government of the People's Republic of China (China), providing the 
Government of China with the opportunity to meet with Commerce 
officials.\20\ In response to that letter, Commerce forwarded the 
letter to officials at the Chinese Embassy in Washington, DC. \21\ On 
May 13, 2024, at the request of the Government of China, Commerce met 
with officials from China's Ministry of Commerce.\22\
---------------------------------------------------------------------------

    \20\ See Commerce's Letter, ``Countervailing Duty Petitions on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules from Cambodia, Malaysia, Thailand and the Socialist 
Republic of Vietnam (Vietnam),'' dated May 7, 2024.
    \21\ See Memorandum, ``Letter to the Government of the People's 
Republic of China,'' dated May 13, 2024.
    \22\ See Memorandum, ``Meeting with the People's Republic of 
China--Ministry of Commerce,'' dated May 13, 2024.
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic

[[Page 43818]]

producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic like product. The U.S. International Trade Commission (ITC), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both Commerce and the 
ITC apply the same statutory definition regarding the domestic like 
product,\23\ they do so for different purposes and pursuant to a 
separate and distinct authority. In addition, Commerce's determination 
is subject to limitations of time and information. Although this may 
result in different definitions of the like product, such differences 
do not render the decision of either agency contrary to law.\24\
---------------------------------------------------------------------------

    \23\ See section 771(10) of the Act.
    \24\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\25\ Based on our analysis of the information 
submitted on the record, we have determined that solar cells, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\26\
---------------------------------------------------------------------------

    \25\ See Petitions at Volume I (pages 27-31); see also 
Petitioner's Letter, ``Response to Comments on Standing and Industry 
Support,'' dated May 9, 2024 (Petitioner Response), at 7-12 and 
Exhibit 2.
    \26\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Countervailing Duty Investigation Initiation 
Checklists: Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the 
Socialist Republic of Vietnam,'' dated concurrently with, and hereby 
adopted by, this notice (Country-Specific CVD Initiation 
Checklists), at Attachment II, Analysis of Industry Support for the 
Antidumping and Countervailing Duty Petitions Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from 
Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam 
(Attachment II). These checklists are on file electronically via 
ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2023 production of the domestic like product for the U.S. producers 
that support the Petitions.\27\ The petitioner estimated the production 
of the domestic like product for the entire domestic industry based on 
the production data from the ITC's 2024 report from its second 
monitoring proceeding of the safeguard measures on solar cells and made 
certain adjustments to these data to estimate total U.S. production of 
the domestic like product in 2023.\28\ The petitioner compared the 
production of the supporters of the Petitions to the estimated total 
2023 production of the domestic like product for the entire domestic 
industry.\29\ We have relied on the data provided by the petitioner for 
purposes of measuring industry support.\30\
---------------------------------------------------------------------------

    \27\ See Petitions at Volume I (pages 9-11 and Exhibits I-3 and 
I-19); see also First General Issues Supplement at 3 and Exhibit I-
Supp-5; and Petitioner Response at 16-17 and Exhibits 8-9.
    \28\ See Petitions at Volume I (pages 9-11 and Exhibit I-19); 
see also First General Issues Supplement at 1-4 and Exhibits I-Supp-
2 through I-Supp-5; and Petitioner Response at 16-17 and Exhibits 9-
10.
    \29\ See Petitions at Volume I (pages 9-11 and Exhibits I-3 and 
I-19); see also First General Issues Supplement at 1-4 and Exhibits 
I-Supp-2 through I-Supp-5; and Petitioner Response at 16-17 and 
Exhibits 8-10.
    \30\ See Petitions at Volume I (pages 8-11 and Exhibits I-1, I-
2, and I-19); see also First General Issues Supplement at 1-4 and 
Exhibits I-Supp-2 through I-Supp-5; Third General Issues Supplement; 
and Petitioner Response at 16-17 and Exhibits 8-10. For further 
discussion, see Attachment II of the Country-Specific CVD Initiation 
Checklists.
---------------------------------------------------------------------------

    On May 3, 2024, we received timely filed comments on industry 
support from NextEra Energy Constructors, LLC (NextEra), a U.S. 
importer of solar cells.\31\ On May 7, 2024, we received timely filed 
comments on industry support from Illuminate USA LLC (Illuminate), a 
U.S. producer of the domestic like product.\32\ On May 7, 2024, we also 
received timely filed comments on industry support from Canadian Solar 
US Module Manufacturing Corporation, Canadian Solar International 
Limited, and Canadian Solar Manufacturing (Thailand) Co., Ltd. 
(collectively, Canadian Solar), a U.S. producer of the domestic like 
product and foreign producer and exporter of solar cells.\33\ On May 9, 
2024, the petitioner responded to the comments from NextEra, 
Illuminate, and Canadian Solar in a timely filed rebuttal 
submission.\34\
---------------------------------------------------------------------------

    \31\ See NextEra's Letter, ``Request to Reject the Petitions or 
to Poll the Industry,'' dated May 3, 2024.
    \32\ See Illuminate's Letter, ``Challenge to Petitioner's 
Standing for Domestic Production of Cells and Request to Poll the 
Domestic Industry,'' dated May 7, 2024.
    \33\ See Canadian Solar's Letter, ``Request to Exclude Hanwha 
from Commerce's Industry Support Calculations,'' dated May 7, 2024.
    \34\ See Petitioner Response.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, the First General 
Issues Supplement, the Third General Issues Supplement, the Petitioner 
Response, and other information readily available to Commerce indicates 
that the petitioner have established industry support for the 
Petitions.\35\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action to evaluate industry support (e.g., 
polling).\36\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 702(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for at least 25 percent of the total production of 
the domestic like product.\37\ Finally, the domestic producers (or 
workers) have met the

[[Page 43819]]

statutory criteria for industry support under section 702(c)(4)(A)(ii) 
of the Act because the domestic producers (or workers) who support the 
Petitions account for more than 50 percent of the production of the 
domestic like product produced by that portion of the industry 
expressing support for, or opposition to, the Petitions.\38\ 
Accordingly, Commerce determines that the Petitions were filed on 
behalf of the domestic industry within the meaning of section 702(b)(1) 
of the Act.\39\
---------------------------------------------------------------------------

    \35\ See Petitions at Volume I (pages 2-3 and Exhibits I-3 and 
I-4); see also General Issues Supplement at 4-5 and Attachment 2. 
For further discussion, see Attachment II of the Country-Specific 
CVD Initiation Checklists.
    \36\ See Attachment II of the Country-Specific CVD Initiation 
Checklists; see also section 702(c)(4)(D) of the Act.
    \37\ See Attachment II of the Country-Specific CVD Initiation 
Checklists.
    \38\ Id.
    \39\ Id.
---------------------------------------------------------------------------

Injury Test

    Because Cambodia, Malaysia, Thailand, and Vietnam are ``Subsidies 
Agreement Countries'' within the meaning of section 701(b) of the Act, 
section 701(a)(2) of the Act applies to these investigations. 
Accordingly, the ITC must determine whether imports of the subject 
merchandise from Cambodia, Malaysia, Thailand, and/or Vietnam 
materially injure, or threaten material injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that imports of the subject merchandise are 
benefiting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, the petitioner 
alleges that subject imports from Cambodia, Malaysia, Thailand, and 
Vietnam individually exceed the negligibility threshold provided for 
under section 771(24)(A) of the Act.\40\
---------------------------------------------------------------------------

    \40\ See Petitions at Volume I (pages 40-41 and Exhibit I-32).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; the increase in subject imports' market share; lost sales and 
revenues; underselling and price depression and/or suppression; and the 
negative impact on capacity utilization, employment, planned expansions 
and new facilities, and financial performance.\41\ We assessed the 
allegations and supporting evidence regarding material injury, threat 
of material injury, causation, cumulation, as well as negligibility, 
and we have determined that these allegations are properly supported by 
adequate evidence and meet the statutory requirements for 
initiation.\42\
---------------------------------------------------------------------------

    \41\ See Petitions at Volume I (pages 3-8, 26-27, 32-59 and 
Exhibits I-4 through I-18, I-25, and through I-53); see also First 
General Issues Supplement at 4 and Exhibit I-Supp-6.
    \42\ See Country-Specific CVD Initiation Checklists at 
Attachment III, Analysis of Allegations and Evidence of Material 
Injury and Causation for the Antidumping and Countervailing Duty 
Petitions Covering Crystalline Silicon Photovoltaic Cells, Whether 
or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, 
and Vietnam.
---------------------------------------------------------------------------

Initiation of CVD Investigations

    Based upon the examination of the Petitions and supplemental 
responses, we find that they meet the requirements of section 702 of 
the Act. Therefore, we are initiating CVD investigations to determine 
whether imports of solar cells from Cambodia, Malaysia, Thailand, and 
Vietnam benefit from countervailable subsidies conferred by the GOC, 
GOM, GOT, and the GOV, respectively. In accordance with section 
703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we 
will make our preliminary determinations no later than 65 days after 
the date of these initiations.

Cambodia

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 13 of the 16 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Cambodia CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Malaysia

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 18 of the 19 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Malaysia CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Thailand

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 19 of the 20 
programs alleged by the petitioner. For a full discussion of the basis 
for our decision to initiate on each program, see the Thailand CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Vietnam

    Based on our review of the Petitions, we find that there is 
sufficient information to initiate a CVD investigation on 31 of the 32 
of the programs alleged by the petitioner. For a full discussion of the 
basis for our decision to initiate on each program, see the Vietnam CVD 
Initiation Checklist. A public version of the initiation checklist for 
this investigation is available on ACCESS.

Respondent Selection

    In the Petitions, the petitioner identified 14 companies in 
Cambodia, 27 companies in Malaysia, 23 companies in Thailand, and 50 
companies in Vietnam as producers or exporters of solar cells.\43\ 
Commerce intends to follow its standard practice in CVD investigations 
and calculate company-specific subsidy rates in these investigations. 
In the event that Commerce determines that the number of known 
producers/exporters is large, and it cannot individually examine each 
company based upon Commerce's resources, Commerce intends to select 
mandatory respondents based on quantity and value (Q&V) questionnaires 
issued to the potential respondents. Commerce normally selects 
mandatory respondents in CVD investigations using U.S. Customs and 
Border Protection (CBP) entry data for U.S. imports under the 
appropriate Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings listed in the ``Scope of the Investigations'' in the 
appendix. However, for these investigations, due to Commerce's 
determination that imports of solar cells from Cambodia, Malaysia, 
Thailand, and Vietnam are circumventing the CVD order on solar cells 
from the People's Republic of China,\44\ we plan to use CBP data only 
to identify the largest producers/exporters, and we will further refine 
that data to increase accuracy by issuing Q&V questionnaires to the 
largest producer/exporters accounting for the largest volume of exports 
and select respondents for individual examination based on by issuing 
Q&V questionnaires.
---------------------------------------------------------------------------

    \43\ See Petitions at Volume I (page 23 and Exhibit I-23); see 
also April 30, 2024, Questionnaire Response at Exhibit 1-Supp-1; and 
May 7, 2024, Questionnaire Response at Exhibit-I-Supp2-2.
    \44\ See Antidumping and Countervailing Duty Orders on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, from the People's Republic of China: Final Scope 
Determination and Final Affirmative Determinations of Circumvention 
With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR 
57419 (August 23, 2023).
---------------------------------------------------------------------------

    Due to the large number of producers and/or exporters identified in 
each country, Commerce has determined to limit the number of Q&V 
questionnaires

[[Page 43820]]

that it will issue to exporters and producers based on CBP data for 
entries of solar cells under the appropriate HTSUS subheadings listed 
in the ``Scope of the Investigations,'' in the appendix. Accordingly, 
for Malaysia, Thailand, and Vietnam, Commerce will send Q&V 
questionnaires to the largest producers and/or exporters that are 
identified in the CBP entry data for which there is complete address 
information on the record.
    With respect to Cambodia, Commerce intends to send Q&V 
questionnaires to all producers and/or exporters that are identified in 
the Petitions for which there is complete address information on the 
record.
    Commerce will also post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of solar cells from Cambodia, 
Malaysia, Thailand, and Vietnam that do not receive Q&V questionnaires 
may still submit a response to the Q&V questionnaire and can obtain a 
copy of the Q&V questionnaire from Commerce's website. Responses to the 
Q&V questionnaire must be submitted by the relevant producers/exporters 
no later than 5:00 p.m. on May 28, 2024, which is two weeks from the 
signature date of this notice. An electronically filed document must be 
received successfully, in its entirety, by ACCESS no later than 5:00 
p.m. ET on the deadline noted above. Commerce intends to finalize its 
decision regarding respondent selection within 20 days of publication 
of this notice.

Distribution of Copies of the Petitions

    In accordance with section 702(b)(4)(A) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petitions has been 
provided to the GOC, GOM, GOT, and GOV via ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petitions to each exporter named in the Petitions, as provided 
under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of its initiation, as required by 
section 702(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of solar cells from Cambodia, Malaysia, 
Thailand, and/or Vietnam are materially injuring, or threatening 
material injury to, a U.S. industry.\45\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that country.\46\ Otherwise, these CVD investigations will 
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \45\ See section 703(a)(1) of the Act.
    \46\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors of production under 19 CFR 351.408(c) or 
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); 
(iv) evidence placed on the record by Commerce; and (v) evidence other 
than factual information described in (i)-(iv). Section 351.301(b) of 
Commerce's regulations requires any party, when submitting factual 
information, to specify under which subsection of 19 CFR 351.102(b)(21) 
the information is being submitted \47\ and, if the information is 
submitted to rebut, clarify, or correct factual information already on 
the record, to provide an explanation identifying the information 
already on the record that the factual information seeks to rebut, 
clarify, or correct.\48\ Time limits for the submission of factual 
information are addressed in 19 CFR 351.301, which provides specific 
time limits based on the type of factual information being submitted. 
Interested parties should review the regulations prior to submitting 
factual information in these investigations.
---------------------------------------------------------------------------

    \47\ See 19 CFR 351.301(b).
    \48\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\49\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\50\
---------------------------------------------------------------------------

    \49\ See 19 CFR 351.302.
    \50\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\51\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\52\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \51\ See section 782(b) of the Act.
    \52\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letters of 
appearance). Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\53\
---------------------------------------------------------------------------

    \53\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act, and 19 CFR 351.203(c).


[[Page 43821]]


    Dated: May 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.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations 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 investigations 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 investigations.
    Excluded from the scope of the investigations 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 investigations 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 investigations 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 investigations 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 8 mm 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 investigations: 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 
twoport rectangular connector.
    Additionally excluded from the scope of these investigations 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 8 mm diameter male barrel connector.
    Also excluded from the scope of these investigations 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 twoport connector; and (I) include exposed 
positive and negative terminals at opposite ends of the panel, not 
enclosed in a junction box.
    Modules, laminates, and panels produced in a third-country from 
cells produced in a subject country are covered by the 
investigations; however, modules, laminates, and panels produced in 
a subject country from cells produced in a third-country are not 
covered by the investigations.
    Also excluded from the scope of these investigations are all 
products covered by the scope of the antidumping and countervailing 
duty orders on 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); and 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Countervailing 
Duty Order, 77FR 7,017 (December 7, 2012).
    Merchandise covered by the investigations is currently 
classified in the Harmonized Tariff System of the United States 
(HTSUS) under subheadings 8541.42.0010 and 8541.43.0010. Imports of 
the subject merchandise may enter under HTSUS subheadings 
8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 
8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 
8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 
8507.20.8061, and 8507.20.8091. These HTSUS subheadings are provided 
for convenience and customs purposes; the written description of the 
scope of the investigations is dispositive.

[FR Doc. 2024-11027 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P