[Federal Register Volume 90, Number 79 (Friday, April 25, 2025)]
[Notices]
[Pages 17399-17404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07140]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-552-842]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the Socialist Republic of Vietnam: Final Affirmative
Countervailing Duty Determination and Final Affirmative Critical
Circumstances Determination, in Part
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 the Socialist Republic of Vietnam
(Vietnam). The period of investigation is January 1, 2023, through
December 31, 2023.
DATES: Applicable April 25, 2025.
FOR FURTHER INFORMATION CONTACT: Amber Hodak, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-8034.
SUPPLEMENTARY INFORMATION:
Background
On October 4, 2024, Commerce published the Preliminary
Determination in the Federal Register and aligned this countervailing
duty (CVD) final determination with the final determination in the
less-than-fair value investigation of solar cells from Vietnam, in
accordance with section 705(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.210(b)(4).\1\ A summary of the events that
occurred since Commerce published the Preliminary Determination, may be
found in the Issues and Decision Memorandum.\2\ The
[[Page 17400]]
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 https://access.trade.gov. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed 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 Socialist Republic of Vietnam:
Preliminary Affirmative Countervailing Duty Determination,
Preliminary Affirmative Critical Circumstances Determination, In
Part, and Alignment of Final Determination with Final Antidumping
Duty Determination, 89 FR 80866 (October 4, 2024) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules from the Socialist Republic of Vietnam,''
dated concurrently with this notice (Issues and Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are solar cells from
Vietnam. For a complete description of the scope of this investigation,
see appendix I.
Scope Comments
In the Preliminary Scope Decision Memoranda, 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 Memoranda, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from Cambodia, Malaysia, and
Thailand: Preliminary Scope Decision Memorandum,'' and ``Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules
from Vietnam,'' both dated November 27, 2024 (collectively,
Preliminary Scope Decision Memoranda).
\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
As provided in section 782(i) of the Act, Commerce conducted
verification relied upon in making its final determination in this
investigation. Specifically, we conducted on-site verifications of the
information reported by the Government of Vietnam (GOV); Boviet Solar
Technology Co., Ltd. (Boviet Solar); and JA Solar Vietnam Company
Limited (JAVN), and JAVN's cross-owned affiliates, JA Solar PV Vietnam
Company Limited, and JA Solar NE Vietnam Company Limited (collectively,
JA Solar), using standard verification procedures, including an
examination of relevant accounting records, and original source
documents provided by the GOV, Boviet Solar, and JA Solar.\6\
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\6\ See Memoranda, ``Verification of the Government of Socialist
Republic of Vietnam,'' ``Report on Verification of Boviet Solar
Technology Co., Ltd.,'' and ``Report on Verification of JA Solar
Vietnam Company Limited and Its Affiliates,'' each dated February
20, 2025.
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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 interested parties in this
investigation are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by interested parties and addressed in the
Issues and Decision Memorandum, see appendix II.
Changes Since the Preliminary Determination
We have made certain changes to the subsidy calculations for Boviet
Solar and JAVN since the Preliminary Determination. 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 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; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied on facts
otherwise available, including with an adverse inference (AFA),
pursuant to sections 776(a) and (b) of the Act. For a full discussion
of our application of AFA, see the Issues and Decision Memorandum
section entitled, ``Use of Facts Otherwise Available and Application of
Adverse Inferences.''
Final Affirmative Determination of Critical Circumstances, in Part
For this final determination, consistent with section 705(a)(2) of
the Act, we find that critical circumstances do not exist for JAVN, and
we find that critical circumstances exist for the following companies:
(1) Boviet Solar; (2) GEP New Energy Viet Nam Company Limited; (3)
Vietnam Green Energy Commercial Services Company Ltd.; (4) Shengtian
New Energy Vina Co., Ltd; (5) HT Solar Vietnam Limited Company; and (6)
all other producers and exporters.\8\
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\8\ Commerce preliminary determined, pursuant to section
703(e)(1) of the Act, critical circumstances did not exist for
Boviet Solar and JAVN. However, Commerce preliminarily determined
that critical circumstances existed for: (1) GEP New Energy Viet Nam
Company Limited; (2) Vietnam Green Energy Commercial Services
Company Ltd.; (3) Shengtian New Energy Vina Co., Ltd; (4) HT Solar
Vietnam Limited Company; and (5) all other producers and exporters
that enter subject merchandise under the All Others subsidy rate.
See Preliminary Determination, 89 FR 80867.
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All-Others Rate
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated an individual estimated countervailable subsidy rate for the
two mandatory respondents, Boviet Solar and JAVN. Section
705(c)(5)(A)(i) of the Act states that, for companies not individually
investigated, Commerce will determine an all-others rate equal to the
weighted-average countervailable subsidy rates established for
exporters and/or producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates, and any rates
determined entirely under section 776 of the Act.
At the final determination, we calculated individual estimated
countervailable subsidy rates for Boviet Solar and JAVN that are not
zero, de minimis, or based entirely on facts otherwise available. We,
therefore, calculated the all-others rate using a weighted average of
the individual estimated subsidy rates calculated for the examined
respondents (Boviet Solar and JAVN) using each company's publicly
ranged sales value for their exports to the United States of subject
merchandise, in accordance with section 705(c)(5)(A)(i) of the Act.\9\
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\9\ At the Preliminary Determination, we preliminarily found a
de minimis rate for Boviet Solar. Therefore, the only rate that was
not zero, de minimis, or based entirely on facts otherwise available
was the rate calculated for JAVN. See Preliminary Determination, 89
FR 80868. For this final determination, we are now revising the all-
others rate to calculate the rate based on a weighted average of the
final rates for Boviet Solar and JAVN.
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[[Page 17401]]
Final Determination
Commerce determines that the following countervailable subsidy
rates exist: \10\
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\10\ As discussed in the Preliminary Determination PDM, Commerce
has found the following companies to be cross-owned with JA Solar
Vietnam Company Limited: JA Solar PV Vietnam Company Limited; JA
Solar NE Vietnam Company Limited. See Preliminary Determination, 89
FR 80868.
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Subsidy rate (percent
Company ad valorem)
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Boviet Solar Technology Co., Ltd............... 230.66
JA Solar Vietnam Company Limited; JA Solar PV 68.15
Vietnam Company Limited; JA Solar NE Vietnam
Company Limited...............................
GEP New Energy Viet Nam Company Limited........ * 542.64
HT Solar Vietnam Limited Company............... * 542.64
Shengtian New Energy Vina Co., Ltd............. * 542.64
Vietnam Green Energy Commercial Services * 542.64
Company Ltd...................................
All Others..................................... 124.57
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* Rate based on facts available with adverse inferences.
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).
Suspension of Liquidation
We will instruct U.S. Customs and Border Protection (CBP) to start
or continue to suspend liquidation of all appropriate entries of
subject merchandise, as described in appendix I of this notice, which
were entered, or withdrawn from warehouse, for consumption as described
below.
Section 703(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse for consumption on or after the date the later
of: (a) the date which is 90 days before the date on which the
suspension of liquidation was first ordered; or (b) the date on which
notice of initiation of the investigation was published.
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed CBP to
collect cash deposits and suspend liquidation of entries of solar cells
from Vietnam that were entered, or withdrawn from warehouse, for
consumption on or after October 4, 2024, the date of the publication of
the Preliminary Determination in the Federal Register, with respect to
entries of solar cells from Vietnam produced and/or exported by
JAVN.\11\ Because we preliminarily determined that critical
circumstances existed with respect to imports of subject merchandise
produced and/or exported by: (1) GEP New Energy Viet Nam Company
Limited; (2) Vietnam Green Energy Commercial Services Company Ltd.; (3)
Shengtian New Energy Vina Co., Ltd; (4) HT Solar Vietnam Limited
Company; and all other producers and exporters whose imports enter
under the all-others subsidy rate, we instructed CBP to collect cash
deposits and suspend liquidation of entries of solar cells from Vietnam
produced and/or exported by these companies that were entered, or
withdrawn from warehouse, for consumption on or after July 6, 2024,
which is 90 days prior to the publication of the Preliminary
Determination in the Federal Register. Because the subsidy rate at the
Preliminary Determination for Boviet Solar was de minimis, Commerce
directed CBP not to suspend liquidation of entries of the merchandise
from this company.\12\
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\11\ See Preliminary Determination, 89 FR 80868.
\12\ Id.
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In accordance with section 703(d) of the Act, we instructed CBP to
discontinue the suspension of liquidation of all entries of subject
merchandise entered, or withdrawn from warehouse, for consumption on or
after February 1, 2025, but to continue the suspension of liquidation
of all entries of solar cells on or before January 31, 2025.
Provisional measures were not imposed for Boviet Solar following
the Preliminary Determination because of Commerce's preliminary
negative determination with respect to Boviet Solar. However,
Commerce's final affirmative critical circumstances determination now
applies to Boviet Solar. Accordingly, pursuant to section 703(e)(2)(A)
of the Act, Commerce will instruct CBP to suspend liquidation of all
appropriate entries from Boviet Solar, which were entered, or withdrawn
from warehouse, for consumption on or after 90 days prior to the date
of publication of this final determination in the Federal Register.\13\
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\13\ Id.
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If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order, reinstate
the suspension of liquidation under section 706(a) of the Act, and
require a cash deposit of estimated countervailing duties for entries
of subject merchandise in the amounts indicated above. 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, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of solar cells
from Vietnam. Because the final determination is affirmative, in
accordance with section 705(b) of the Act, the ITC will make its final
determination as to whether the domestic industry in the United States
is materially injured, or threatened with material injury, by reason of
imports of solar cells from Vietnam no later than 45 days after our
final determination. 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
[[Page 17402]]
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.
If the ITC determines that material injury or threat of material
injury does not exist, this proceeding will be terminated and all cash
deposits will be refunded. If the ITC determines that such injury does
exist, Commerce will issue a CVD order directing CBP to assess, upon
further instruction by Commerce, countervailing duties on all imports
of the subject merchandise that are entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed above in the ``Suspension
Liquidation'' section.
Administrative Protective Order
In the event that ITC issues a final negative injury determination,
this notice will serve as the only reminder to parties subject to an
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 violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(d) and 777(i)(1) of the Act, and 19 CFR 351.205(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 investigation.
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 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 two
port 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)
[[Page 17403]]
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 22 AWG 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.
Additionally excluded from the scope of the investigation are
off-grid greenhouse shade tracking systems with between 3 and 30
flexible CSPV panels, each permanently affixed to an outer aluminum
frame, with (A) no glass cover, (B) no back sheet, (C) no built-in
inverter, (D) power output of 220 watts or less per panel, (E)
surface area of 10,000 cm squared or less per panel, (F) two clear
plastic trusses per panel permanently attached running lengthwise on
the same side as the junction boxes, (G) visible parallel grid
collector metallic wire lines every 1-4 mm per each cell on same
side as junction box, (H) two rectangular plastic junction boxes per
panel with at least 16 diodes per panel, and (I) encased in an
aluminum frame and laminated without stitching.
Modules, laminates, and panels produced in a third-country from
cells produced in a subject country are covered by the
investigation; however, modules, laminates, and panels produced in a
subject country from cells produced in a third-country are not
covered by the investigation.
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
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Determination of Critical Circumstances
IV. Use of Facts Otherwise Available and 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
World Trade Organization {WTO{time} Rules and U.S. Law to
Investigation Transnational Subsidies
Comment 2: Policy Lending from Chinese Banks for Belt and Road
Initiative (BRI) Capacity Cooperation Projects
Comment 3: Substantial Evidence for the Cross-Border Provisions
of Chinese Polysilicon, Silicon Wafer, Silver Paste, and Solar Glass
for Less Than Adequate Remuneration (LTAR)
Comment 4: Specificity for the Cross-Border Provision of Chinese
Origin Polysilicon, Silicon Wafer, Silver Paste, Solar Glass for
LTAR
Comment 5: Whether Commerce was Arbitrary and Capricious
Comment 6: Whether JAVN's Loans Are Associated with the BRI
Capacity Cooperation Projects
Comment 7: Whether Commerce Should Revise Its Benchmark for the
Cross-Border Provision of Chinese Silicon Wafers for LTAR
Comment 8: Whether JAVN's Purchases of Silicon Wafers Can Be
Tied to Non-Subject Merchandise
Comment 9: Whether Commerce Should Revise Its Benchmark for the
Cross-Border Provision of Chinese Silver Paste for LTAR
Comment 10: Whether Commerce Should Revise Its Benchmark for the
Cross-Border Provision of Chinese Solar Glass for LTAR
Comment 11: Whether Commerce Should Exclude Value Added Tax
(VAT) and Import Duties from the Benchmark Calculations
Comment 12: Whether Commerce Should Revise Its Inland Freight
Benchmark
Comment 13: Whether Import Duty Exemptions on Imported Raw
Materials for Export Processing Enterprises (EPE or EPEs) and Export
Processing Zones is Countervailable
Comment 14: Whether Total Adverse Facts Available (AFA) Should
Be Applied to JAVN
Comment 15: Whether AFA Should Be Applied to JAVN in Respect to
Import Duty Exemptions on Imported Equipment during the Average
Useful Life (AUL) Period
Comment 16: Whether AFA Should Be Applied to JAVN and Boviet
Solar in respect to Import Duty Exemptions on Imported Raw Materials
for EPEs and Export Processing Zones
Comment 17: Critical Circumstances
Comment 18: Whether JAVN was Uncreditworthy
Comment 19: Ministerial Error
[[Page 17404]]
Comment 20: Whether to Amend the AFA Calculation
VIII. Recommendation
[FR Doc. 2025-07140 Filed 4-24-25; 8:45 am]
BILLING CODE 3510-DS-P