[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Notices]
[Pages 17048-17051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06932]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Crystalline Silicon Photovoltaic Products, Whether or Not
Assembled Into Modules, From Taiwan: Preliminary Results of Changed
Circumstances Review, and Intent To Revoke the Antidumping Order, in
Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
intends to revoke, in part, the antidumping duty (AD) order on
crystalline silicon photovoltaic products, whether or not assembled
into modules (solar products), from Taiwan with respect to certain
small, low-wattage, off-grid certain small, low-wattage, off-grid
(CSPV) cells as described below. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable April 23, 2025.
FOR FURTHER INFORMATION CONTACT: Samantha Biondo, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401
[[Page 17049]]
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
6358.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published the AD order on solar
products from Taiwan.\1\ On August 28, 2024, Lutron Electronics Co.,
Inc. (Lutron), a domestic producer, importer and exporter of subject
merchandise, requested that Commerce conduct a changed circumstances
review (CCR) to find that it is appropriate to revoke the Order, in
part, with respect to certain small, low-wattage, off-grid certain
small, low-wattage, off-grid (CSPV) cells pursuant to section 751(b)(1)
of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.216(b).\2\ Lutron's CCR request included a letter from the American
Alliance for Solar Manufacturing (the Alliance), a domestic interested
party in this proceeding, which stated that the Alliance did not oppose
the partial revocation of the Order proposed by Lutron.\3\ No
interested parties filed comments opposing the CCR request.
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\2\ See Lutron's Letter, ``Lutron Electronics Co., Inc.'s
Request for Changed Circumstances Reviews and Request to Combine
Initiation and Preliminary Results,'' dated August 28, 2024 (CCR
Request).
\3\ Id. at Exhibits 2 and 3.
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On October 21, 2024, we published the notice of initiation of the
requested CCR.\4\ In the Initiation Notice, we invited interested
parties to provide comments and/or factual information regarding the
CCR, including comments on industry support and the proposed partial
revocation language.\5\ We received no comments or factual information.
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\4\ See Crystalline Silicon Photovoltaic Products, Whether or
Not Assembled into Modules, from the People's Republic of Taiwan:
Notice of Initiation of Changed Circumstances Review, and
Consideration of Revocation of the Antidumping Order in Part, 89 FR
84118 (October 21, 2024) (Initiation Notice).
\5\ Id., 89 FR at 84118.
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Scope of the Order
The merchandise covered by the Order is crystalline silicon
photovoltaic cells, and modules, laminates, and/or panels, consisting
of crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including building integrated
materials.
Subject merchandise includes 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.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by the Order. However, modules,
laminates, and panels produced in Taiwan from cells produced in a
third-country are not covered by the Order.
Excluded from the scope of the Order 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 Order 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 cells. 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.
Further, also excluded from the scope of the Order are any products
covered by the existing antidumping and countervailing duty orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules, from the People's Republic of China (PRC).\6\
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\6\ 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).
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Also excluded from the scope of the Order are modules, laminates,
and panels produced in the PRC from crystalline silicon photovoltaic
cells produced in Taiwan that are covered by an existing proceeding on
such modules, laminates, and panels from the PRC.
Additionally, excluded from the scope of the Order are solar panels
that are: (1) less than 300,000mm\2\ in surface area; (2) less than
27.1 watts in power; (3) coated across their entire surface with a
polyurethane doming resin; and (4) joined to a battery charging and
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box
that incorporates a light emitting diode (LED) by coated wires that
include a connector to permit the incorporation of an extension cable.
The battery charging and maintaining unit utilizes high-frequency
triangular pulse waveforms designed to maintain and extend the life of
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available
under the registered trademark ``SolarPulse.''
Merchandise covered by the Order is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090,
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 Order is dispositive.\7\
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\7\ See Order.
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Scope of the CCR
The products subject to the proposed revocation are certain small,
low-wattage, off-grid CSPV cells that are permanently attached to an
aluminum extrusion that controls natural light, whether or not
assembled into a fully completed automation device that controls
natural light.\8\ Lutron requests that the following language be added
to the scope of the Order to implement the requested revocation:
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\8\ See Initiation Notice, 89 FR at 84119.
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.\9\
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\9\ See CCR Request at Exhibit 1.
Preliminary Results of CCRs and Intent To Revoke the Order, 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
[[Page 17050]]
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.\10\ 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.\11\
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\10\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\11\ 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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Lutron 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 partial revocation of the Order proposed by
Lutron.\12\ In that letter, the Alliance did not indicate its share of
production of the domestic like product.\13\ Thus, Commerce was unable
to determine, at the time that it initiated this CCR, whether producers
accounting for substantially all of the U.S. production of the domestic
like product lacked interest in the Order with respect to certain
small, low-wattage, off-grid CSPV cells. As a result, Commerce did not
issue a combined notice of initiation and preliminary results in this
CCR.\14\ Instead, as stated above, in the Initiation Notice, Commerce
invited interested parties to provide comments and/or factual
information regarding the CCR, 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
Order.
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\12\ See CCR Request at Exhibit 2.
\13\ Id.
\14\ See Initiation Notice.
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In light of the Alliance's statement of lack of interest in
maintaining the Order with respect to certain small, low-wattage, off-
grid CSPV cells described by Lutron, 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 Order pertain lack interest in the relief provided by the
Order with respect to certain small, low-wattage, off-grid CSPV cells
that are the subject of Lutron's CCR request. Thus, we preliminarily
determine that changed circumstances warrant revocation of the Order,
in part, with respect to certain small, low-wattage, off-grid CSPV
cells that are the subject of Lutron's CCR request. Accordingly, we are
notifying the public of our intent to revoke the Order, in part, with
respect to certain small, low-wattage, off-grid CSPV cells described in
the ``Scope of the CCR'' section above.
If we make a final determination to revoke the Order, in part, then
Commerce will apply this determination to the order as follows. Because
we have completed administrative reviews of the Order, the partial
revocation will be retroactively applied to unliquidated entries of
merchandise subject to the CCR 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 Order, and which are not covered by automatic
liquidation.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in case
briefs, may be filed no later than five days after the case briefs, in
accordance with 19 CFR 351.309(d).\15\
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\15\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
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Interested parties who submit case or rebuttal briefs must submit:
(1) a table of contents listing each issue discussed in the brief; and
(2) a table of authorities.\16\ As provided under 19 CFR 351.309(c)(2)
and (d)(2), in prior proceedings we have encouraged interested parties
to provide an executive summary of their brief that should be limited
to five pages total, including footnotes. Further, we request that
interested parties limit their executive summary of each issue to no
more than 450 words, not including citations. We intend to use the
executive summaries as the basis of the comment summaries included in
the issues and decision memorandum that will accompany the final
results in this review. We request that interested parties include
footnotes for relevant citations in the executive summary of each
issue.
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\16\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, filed electronically via ACCESS, within 30
days of publication of this notice. Requests should contain the
following information: (1) the party's name, address, and telephone
number; (2) the number of participants and whether any participant is a
foreign national; and (3) a list of issues to be discussed. If a
request for a hearing is made, Commerce will inform parties of the date
and time for the hearing.
All submissions are to be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due.\17\
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\18\
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\17\ See 19 CFR 351.303(b).
\18\ See APO and Final Service Rule.
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Final Results of the CCR
Commerce will issue the final results of the CCR, which will
include its analysis of any written comments, no later than 270 days
after the date on which these reviews were initiated.\19\ If, in the
final results of these reviews, Commerce continues to determine that
changed circumstances warrant the revocation of the Order, in part, we
will instruct U.S. Customs and Border Protection (CBP) to liquidate
without regard to ADs, and to refund any estimated ADs 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 on all entries of subject merchandise
will continue unless they
[[Page 17051]]
are modified pursuant to the final results of the changed CCR.
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\19\ See 19 CFR 351.216(e).
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Notification to Interested Parties
These preliminary results of these reviews and this notice are
published 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.
Dated: April 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-06932 Filed 4-22-25; 8:45 am]
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