[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Notices]
[Pages 1191-1194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00001]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-722-725 and 731-TA-1690-1693 (Final)]
Crystalline Silicon Photovoltaic Products (Solar Panels) From
Cambodia, Malaysia, Thailand, and Vietnam; Scheduling of the Final
Phase of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-722-725 and 731-TA-1690-1693 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of crystalline silicon photovoltaic
products (solar panels) from Cambodia, Malaysia, Thailand, and Vietnam,
provided for in statistical reporting numbers 8541.42.0010 and
8541.43.0010 of the Harmonized Tariff Schedule of the United States.
Crystalline silicon photovoltaic cells, whether or not assemabled into
modules, may also be imported under subheadings 8501.71, 8501.72, and
8501.80 and statistical reporting number 8507.20.8010, preliminarily
determined by the Department of Commerce (``Commerce'') to be
subsidized and sold at less-than-fair-value.
DATES: December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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, buildingintegrated 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
[[Page 1192]]
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.
Further excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a permanently
connected wire that terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure, (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
2. Off-grid small portable crystalline silicon photovoltaic panels,
with or without a glass cover, with the following characteristics: (A)
a total power output of 200 watts or less per panel, (B) a maximum
surface area of 16,000 cm\2\ per panel, (C) no built-in inverter, (D)
an integrated handle or a handle attached to the package for ease of
carry, (E) one or more integrated kickstands for easy installation or
angle adjustment, and (F) a wire either permanently connected or
attached to the package terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure.
Also excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a permanently
connected wire that terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure, (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
2. Small off-grid panels with glass cover, with the following
characteristics: (A) surface area from 3,450 mm\2\ to 33,782 mm\2\, (B)
with one black wire and one red wire (each of type 22AWG or 28 AWG not
more than 350 mm in length when measured from panel extrusion), (C) not
exceeding 10 volts, (D) not exceeding 1.1 amps, (E) not exceeding 6
watts, and (F) for the purposes of this exclusion, no panel shall
contain an internal battery or external computer peripheral ports.
Additionally excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 175 watts or
less per panel, (B) a maximum surface area of 9,000 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a permanently
connected wire that terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure; (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
2. Off grid CSPV panels without a glass cover, with the following
characteristics, (A) a total power output of 220 watts or less per
panel, (B) a maximum surface area of 16,000 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 encased in a laminated material without
stitching.
Also excluded from the scope of these investigations are off-grid
CSPV panels in rigid form, with or without a glass cover, permanently
attached to an aluminum extrusion that is an integral component of an
automation device that controls natural light, whether or not assembled
into a fully completed automation device that controls natural light,
with the following characteristics:
1. a total power output of 20 watts or less per panel;
2. a maximum surface area of 1,000 cm\2\ per panel;
3. does not include a built-in inverter for powering third party
devices.
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, 77 FR 73017
(December 7, 2012).
Merchandise covered by the investigations is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject
[[Page 1193]]
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.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Cambodia, Malaysia, Thailand, and Vietnam of crystalline
silicon photovoltaic products (solar panels), and that such products
are being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on on April 24, 2024, by the American
Alliance for Solar Manufacturing Trade Committee.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on April 1,
2025, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
April 15, 2025. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Wednesday,
April 9, 2025. Any requests to appear as a witness via videoconference
must be included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigation, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3pm
the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at https://www.usitc.gov/calendarpad/calendar.html.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Friday,
April 11, 2025. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than noon on Monday, April 14, 2025. Oral testimony
and written materials to be submitted at the public hearing are
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is April 8, 2025. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is April 22, 2025. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before April 22, 2025. On May 13, 2025, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before May 15, 2025, but such final comments
must not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
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investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 20, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-00001 Filed 1-6-25; 8:45 am]
BILLING CODE 7020-02-P