[Federal Register Volume 90, Number 80 (Monday, April 28, 2025)]
[Notices]
[Pages 17565-17567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07346]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011]
Crystalline Silicon Photovoltaic Products, Whether or Not
Assembled Into Modules, From the People's Republic of China:
Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke the Antidumping and Countervailing Duty Orders, 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) and
countervailing duty (CVD) orders on crystalline silicon photovoltaic
products, whether or not assembled into modules (solar products), from
the People's Republic of China (China) with respect to certain small,
low-wattage, off-grid crystalline silicon photovoltaic (CSPV) cells.
Interested parties are invited to comment on these preliminary results.
DATES: Applicable April 28, 2025.
FOR FURTHER INFORMATION CONTACT: Samantha Biondo, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6358.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published the AD and CVD orders on
solar products from China.\1\ On August 28, 2024, Lutron Electronics
Co., Inc. (Lutron), a domestic producer, importer and exporter of
subject merchandise, requested that Commerce conduct changed
circumstances reviews (CCR) to find that it is appropriate to revoke
the Orders, in part, with respect to 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 Orders proposed by Lutron.\3\
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\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Orders).
\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 CCRs.\4\ In the Initiation Notice, we invited interested
parties to provide comments and/or factual information regarding these
CCRs, 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 China:
Notice of Initiation of Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping and Countervailing
Duty Orders, in Part, 89 FR 84120 (October 21, 2024) (Initiation
Notice).
\5\ Id., 89 FR at 84121.
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Scope of the Orders
The merchandise covered by these Orders is 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. For purposes of these Orders, subject
merchandise includes modules, laminates and/or panels assembled in
China consisting of crystalline silicon photovoltaic cells produced in
a customs territory other than China.
Subject merchandise includes modules, laminates and/or panels
assembled in China consisting of 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.
Excluded from the scope of the Orders 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 these Orders are modules, laminates
and/or panels assembled in China, consisting of crystalline silicon
photovoltaic cells, not exceeding 10,000 mm2 in surface
[[Page 17566]]
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 module, laminate and/or panel
is permanently integrated into a consumer good, the surface area for
purposes of this exclusion shall be the total combined surface area of
all modules, laminates and/or panels that are integrated into the
consumer good.
Further, also excluded from the scope of these Orders are any
products covered by the existing antidumping and countervailing duty
orders on crystalline silicon photovoltaic cells, whether or not
assembled into modules, laminates and/or panels, from China.
Additionally, excluded from the scope of these Orders are solar
panels that are: (1) less than 300,000 mm2 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.''
Also excluded from the scope of these Orders are off-grid
crystalline silicon photovoltaic panels without a glass cover with the
following characteristics: (1) total power output of 500 watts or less
per panel; (2) maximum surface area of 8,000 cm2 per panel; (3) unit
does not include a built-in inverter; (4) unit has visible parallel
grid collector metallic wire lines every 2- 40 millimeters across each
solar panel (depending on model); (5) solar cells are encased in
laminated frosted PET material without stitching; (6) the panel is
encased in polyester fabric with visible stitching which includes a
Velcro-type storage pocket and unit closure, or encased within a
Neoprene clamshell (depending on model); and (7) includes LED
indicator.
Additionally excluded from the scope of these Orders 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 cm2 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 8mm diameter
male barrel connector.
Merchandise covered by these Orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6015, 8541.40.6020, 8541.40.6030, 8541.40.6035
and 8501.31.8000. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of these
Orders is dispositive.
Scope of the CCRs
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.\6\
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\6\ See Initiation Notice.
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Lutron requests that the following language be added to the scope
of the Orders to implement the requested revocation:
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 cm2 per panel;
3. Does not include a built-in inverter for powering third party
devices.\7\
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\7\ See CCR Request at 3.
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Preliminary Results of CCRs and Intent To Revoke the Orders, 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 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.\8\ 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.\9\
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\8\ See section 782(h)(2) of the Act; and 19 CFR
351.222(g)(1)(i).
\9\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 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 changed circumstances reviews or the specific
exclusion language proposed by Lutron.\10\ In that letter, the Alliance
did not indicate its share of production of the domestic like
product.\11\ Thus, Commerce was unable to determine, at the time that
it initiated these CCRs, whether producers accounting for substantially
all of the U.S. production of the domestic like product lacked interest
in the Orders with respect to certain small, low-wattage, off-grid CSPV
cells under consideration here. As a result, Commerce did not issue a
combined notice of initiation and preliminary results in these
CCRs.\12\ Instead, as stated above, in the Initiation Notice, Commerce
invited interested parties to provide comments and/or factual
information regarding these CCRs, including comments on industry
[[Page 17567]]
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 Orders.
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\10\ See CCR Request at Exhibits 2 and 3.
\11\ Id.; see also Initiation Notice.
\12\ See Initiation Notice.
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In light of the Alliance's statement of lack of interest in
maintaining the Orders 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 Orders pertain lack interest in the relief provided by the
Orders 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 Orders,
in part, with respect to such cells. Accordingly, we are notifying the
public of our intent to revoke the Orders, in part, with respect to
certain small, low-wattage, off-grid CSPV cells described in the
``Scope of the CCRs'' section above.
If we make a final determination to revoke the Orders in part, then
Commerce will apply this determination to each order as follows.
Because we have completed administrative reviews of the Orders, the
partial revocation will be retroactively applied to unliquidated
entries of merchandise subject to the CCRs 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 Orders, 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).\13\
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\13\ 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.\14\ 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. In this review, we instead
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs. 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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\14\ 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.\15\
Note that Commerce has amended certain of its requirements pertaining
to the service of documents in 19 CFR 351.303(f).\16\
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\15\ See 19 CFR 351.303(b).
\16\ See APO and Final Service Rule.
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Final Results of the CCRs
Commerce will issue the final results of these CCRs, which will
include its analysis of any written comments, no later than 270 days
after the date on which these reviews were initiated.\17\ If, in the
final results of these reviews, Commerce continues to determine that
changed circumstances warrant the revocation of the Orders, in part, we
will instruct U.S. Customs and Border Protection (CBP) to liquidate
without regard to ADs or CVDs, and to refund any estimated ADs and CVDs
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 and CVDs on
all entries of subject merchandise will continue unless they are
modified pursuant to the final results of these changed CCRs.
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\17\ See 19 CFR 351.216(e).
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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. 2025-07346 Filed 4-25-25; 8:45 am]
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