[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17406-17410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07134]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-555-004]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules From Cambodia: Final Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of crystalline silicon photovoltaic cells, whether or not assembled
into modules (solar cells) from Cambodia. The period of investigation
is January 1, 2023, through December 31, 2023.
DATES: Applicable April 25, 2025.
FOR FURTHER INFORMATION CONTACT: Dusten Hom, AD/CVD Operations, Office
I, Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-5075.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2024, Commerce published the Preliminary
Determination in the Federal Register.\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\2\ The Issues and Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and
Decision Memorandum can be accessed
[[Page 17407]]
directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules From the Kingdom of Cambodia: Preliminary
Affirmative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 89 FR 80877
(October 4, 2024) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination of the Countervailing Duty
Investigation of Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules from Cambodia,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are solar cells from
Cambodia. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case or other written comments on scope issues.\3\
Between December 27, 2024, and January 3, 2025, Commerce received a
scope case brief and a rebuttal brief from JA Solar USA Inc. and JA
Solar Vietnam Company Limited (collectively, JA Solar) and the American
Alliance for Solar Manufacturing Trade Committee (Petitioner),
respectively.\4\ For a summary of the product coverage comments and
rebuttal responses submitted to the record for this final
determination, and accompanying discussion and analysis of all comments
timely received, see the Final Scope Memorandum.\5\ In the Final Scope
Memorandum, Commerce determined that it is modifying the scope language
as it appeared in the Initiation Notice. See Appendix I.
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\3\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from Cambodia, Malaysia, and
Thailand: Preliminary Scope Decision Memorandum,'' dated November
27, 2024. (Preliminary Scope Decision Memorandum).
\4\ See JA Solar's Letter, ``Scope Case Brief,'' dated December
27, 2024; and Petitioner's Letter ``Rebuttal Scope Brief,'' dated
January 3, 2025.
\5\ See Memorandum, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from Cambodia, Malaysia,
Thailand, and the Socialist Republic of Vietnam: Final Scope
Decision Memorandum,'' dated concurrently with this notice (Final
Scope Decision Memorandum).
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Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, we conducted on-site verifications of the subsidy
information reported by the Government of Cambodia, Solarspace
Technology Co., Ltd. (Solarspace Tech), and Solarspace New Energy
(Cambodia) Co., Ltd (Solarspace) in January 2025 using standard
verification procedures, including an examination of relevant sales and
accounting records, and original source documents provided by the
Government of Cambodia, Solarspace Tech, and Solarspace.\6\
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\6\ See Memorandums, ``Verification of Solarspace Technology
Co., Ltd.,'' dated February 11, 2025; ``Verification of Solarspace
New Energy (Cambodia) Co., Ltd.,'' dated February 15, 2025; and
``Notification of Deadlines for the submission of Case and Rebuttal
Briefs,'' dated February 18, 2025 at Attachment.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs submitted by parties in this investigation
are discussed in the Issues and Decision Memorandum. For a list of the
issues raised by parties and addressed in the Issues and Decision
Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on our review and analysis of the information received during
verification and comments received from parties, for this final
determination, we made certain changes to the countervailable subsidy
rate calculations for Solarspace and for all other producers/exporters.
For a discussion of these changes, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Act. For each of the subsidy programs found to be
countervailable, Commerce preliminarily determines that there is a
subsidy, i.e., a financial contribution by an ``authority'' that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\7\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum
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\7\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Commerce notes that, in making these findings, it relied on facts
available, and, because it finds that certain respondents, the
Government of China and the Government of Cambodia did not act to the
best of their ability to respond to Commerce's requests for
information, it drew an adverse inference where appropriate in
selecting from among the facts otherwise available.\8\ For further
information, see the ``Use of Facts Otherwise Available and Application
of Adverse Inferences'' section in the Issues and Decision Memorandum.
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\8\ See Issues and Decision Memorandum at 3.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted average
countervailable subsidy rates established for those exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates and any rates based entirely under
section 776 of the Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Solarspace, the only individually examined exporter/producer
in this investigation. Because the only individually calculated rate is
not zero, de minimis, or based entirely under section 776 of the Act,
the estimated weighted-average rate calculated for Solarspace is the
rate assigned to all other producers and exporters, pursuant to section
705(c)(5)(A)(i) of the Act.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period of January 1, 2023 through December
31, 2023:
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Subsidy rate (percent
Company ad valorem)
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Solarspace New Energy (Cambodia) Co., Ltd...... 534.67
Jintek Photovoltaic Technology Co., Ltd........ * 3,403.96
Hounen Solar Inc Co., Ltd...................... * 3,403.96
ISC Cambodia................................... * 3,403.96
Solar Long PV-Tech (Cambodia) Co., Ltd......... * 3,403.96
All Others..................................... 534.67
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* Rate based on facts available with adverse inferences.
[[Page 17408]]
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this final determination within five
days of its public announcement, or if there is no public announcement,
within five days of the date of this notice in accordance with 19 CFR
351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, Commerce instructed U.S.
Customs and Border Protection (CBP) to collect cash deposits and
suspend liquidation of entries of subject merchandise as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after October 4, 2024, the date of
publication of the Preliminary Determination in the Federal Register.
In accordance with section 703(d) of the Act, effective February 1,
2025, we instructed CBP to discontinue the suspension of liquidation of
all entries at that time, but to continue the suspension of liquidation
of all entries from October 4, 2024, through January 31, 2025.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
order, reinstate the suspension of liquidation, and require a cash
deposit of estimated countervailing duties for such entries of subject
merchandise in the amounts indicated above, in accordance with section
706(a) of the Act. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated, and all estimated duties deposited or securities posted as
a result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of solar cells
from Cambodia. As Commerce's final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will determine,
within 45 days, whether the domestic industry in the United States is
materially injured, or threatened with material injury, by reason of
imports of solar cells from Cambodia. In addition, we are making
available to the ITC all non-privileged and non-proprietary information
related to this investigation. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the final reminder to parties
subject to the APO of their responsibility concerning the destruction
of proprietary information disclosed under APO, in accordance with 19
CFR 351.305(a)(3). Timely written notification of the return/
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act and 19 CFR 351.210(c).
Dated: April 18, 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.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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.
This investigation covers 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 investigation 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 investigation 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 investigation 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 investigation 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 investigation: 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
[[Page 17409]]
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 this investigation 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 this investigation 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 investigation 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 investigation 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 investigation 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 this investigation 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 this investigation 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 investigation 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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Use of Facts Otherwise Available and Application of Adverse
Inferences
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether Commerce has the Legal Authority under the
WTO Rules and U.S. Law to Investigate Transnational Subsidies
Comment 2: Selection of Silicon Wafer and Solar Glass Benchmarks
Comment 3: Policy Lending from Chinese Banks for Belt and Road
Initiative (BRI) Capacity Cooperation Projects
Comment 4: Substantial Evidence for the Cross-Border Provision
of Chinese Polysilicon, Silicon Wafer, Silver Paste, Solar Glass for
Less-Than-Adequate-Remuneration (LTAR)
Comment 5: Specificity for the Cross-Border Provision of Chinese
Polysilicon, Silicon Wafer, Silver Paste, Solar Glass for LTAR
[[Page 17410]]
Comment 6: Whether the Cross-Border Provision of Chinese Silicon
Wafer for LTAR is Tied to Non-Subject Merchandise
Comment 7: Application of Adverse Facts Available (AFA) to the
Government of
Cambodia's Responses
Comment 8: AFA Rates
Comment 9: ISC Cambodia
Comment 10: Specificity of Electricity Programs
Comment 11: Benefit of Customs Duty Exemption for Raw Materials
Program
Comment 12: Specificity of Business Recovery Guarantee Scheme
VIII. Recommendation
[FR Doc. 2025-07134 Filed 4-24-25; 8:45 am]
BILLING CODE 3510-DS-P