[Federal Register Volume 90, Number 153 (Tuesday, August 12, 2025)]
[Notices]
[Pages 38745-38751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15251]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-943, C-560-847, C-553-004]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From India, Indonesia, and the Lao People's Democratic
Republic: Initiation of Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 6, 2025.
FOR FURTHER INFORMATION CONTACT: Amber Hodak at (202) 482-8034 (India),
Ted Pearson at (202) 482-2631 (Indonesia), and Shane Subler at (202)
482-6241 (the Lao People's Democratic Republic (Laos)), AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
[[Page 38746]]
SUPPLEMENTARY INFORMATION:
The Petitions
On July 17, 2025, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar cells), from India, Indonesia, and Laos filed in proper
form on behalf of the Alliance for American Solar Manufacturing and
Trade (the petitioner).\1\ The CVD Petitions were accompanied by
antidumping duty (AD) petitions concerning imports of imports of solar
cells from India, Indonesia, and Laos.\2\
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\1\ See Petitioner's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated July 17, 2025
(Petitions). The individual members of the Alliance for American
Solar Manufacturing and Trade are First Solar, Inc., Hanwha Q CELLS
USA, Inc. (Qcells), and Mission Solar Energy LLC (Mission Solar).
\2\ Id.
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On July 21 and 22, 2025, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ On July 23 and 24, 2025, the petitioner
filed timely responses to these requests for additional information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
July 21, 2025 (General Issues Questionnaire), Country-Specific CVD
Supplemental Questionnaires: India CVD Supplemental, Indonesia CVD
Supplemental, and Laos CVD Supplemental, dated July 22, 2025.
\4\ See Petitioner's Letters, ``Response to the 1st Supplemental
Questionnaire Regarding Common Issues and Injury Volume I of the
Petition,'' dated July 23, 2025 (General Issues Supplement); see
also ``Country-Specific CVD Supplemental Responses: India CVD
Supplement,'' ``Indonesia CVD Supplement,'' and ``Laos CVD
Supplement,'' dated July 24, 2025.
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioner alleges that the Government of India
(GOI), Government of Indonesia (GOIN), and Government of Laos (GOL)
(collectively, Governments) are providing countervailable subsidies,
within the meaning of sections 701 and 771(5) of the Act, to producers
of solar cells in India, Indonesia, and Laos, and that such imports are
materially injuring, or threatening material injury to, the domestic
industry producing solar cells in the United States. Consistent with
section 702(b)(1) of the Act and 19 CFR 351.202(b), for those alleged
programs on which we are initiating CVD investigations, the Petitions
were accompanied by information reasonably available to the petitioner
supporting its allegations.
Commerce finds that the petitioner filed the Petitions on behalf of
the domestic industry, because the petitioner is an interested party,
as defined in section 771(9)(F) of the Act.\5\ Commerce also finds that
the petitioner demonstrated sufficient industry support with respect to
the initiation of the requested CVD investigations.\6\
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\5\ The Alliance is an association, the majority of whose
members are producers of the domestic like product. Individual
members of the Alliance (QCells and Mission Solar) are interested
parties within the meaning of section 771(9)(C) of the Act. See
Petitions at Volume I (page 2).
\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on July 17, 2025, the periods of
investigation for the India, Indonesia, and Laos CVD investigations are
January 1, 2024, through December 31, 2024.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The products covered by these investigations are solar cells from
India, Indonesia, and Laos. For a full description of the scope of
these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On July 21, 2025, Commerce requested information and clarification
from the petitioner regarding the proposed scope to ensure that the
scope language in the Petitions is an accurate reflection of the
products for which the domestic industry is seeking relief.\8\ On July
23, 2025, the petitioner provided clarifications and revised the
scope.\9\ The description of merchandise covered by these
investigations, as described in the appendix to this notice, reflects
these clarifications.
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\8\ See General Issues Questionnaire at 3-4.
\9\ See General Issues Supplement at 2-8.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information,\11\ all
such factual information should be limited to public information.
Commerce requests that interested parties provide at the beginning of
their scope comments a public executive summary for each comment or
issue raised in their submission. Commerce further requests that
interested parties limit their public executive summary of each comment
or issue to no more than 450 words, not including citations. Commerce
intends to use the public executive summaries as the basis of the
comment summaries included in the analysis of scope comments. To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on August
26, 2025, which is 20 calendar days from the signature date of this
notice. Any rebuttal comments, which may include factual information,
and should also be limited to public information, must be filed by 5:00
p.m. ET on September 5, 2025, which is 10 calendar days from the
initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOI, GOIN, and GOL of the receipt of the Petitions and
provided an opportunity for consultations with respect to the
Petitions.\13\ Commerce held consultations with the GOI on July
[[Page 38747]]
30, 2025,\14\ the GOL on July 31, 2025,\15\ and the GOIN on August 1,
2025.\16\
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\13\ See Commerce's Letters, ``Invitation for Consultations to
Discuss the Countervailing Duty Petition,'' dated July 17, 2025.
\14\ See Memorandum, ``Consultations with the Government of
India,'' dated August 1, 2025; see also GOI's Letter, ``GOI's Pre-
Initiation Comments and Consultation Note,'' dated August 5, 2025.
\15\ See Memorandum, ``Consultations with the Government of
Laos,'' dated August 5, 2025.
\16\ See Memorandum, ``Consultations with the Government of
Indonesia,'' dated August 6, 2025.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC must apply the same statutory definition regarding the domestic
like product,\17\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\18\
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\17\ See section 771(10) of the Act.
\18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioner does not
offer a definition of the domestic like product distinct from the scope
of the investigations.\19\ Based on our analysis of the information
submitted on the record, we have determined that solar cells, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\20\
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\19\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from India, Indonesia, and the Lao People's
Democratic Republic,'' dated concurrently with, and hereby adopted
by, this notice (Country-Specific CVD Initiation Checklists), at
Attachment II, Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from
India, Indonesia, and the Lao People's Democratic Republic
(Attachment II). These checklists are on file electronically via
ACCESS.
\20\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
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In determining whether the petitioner has standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioner provided the
2024 production of the domestic like product for the U.S. producers
that support the Petitions and compared this to the estimated total
U.S. production of the domestic like product by the entire U.S. solar
cells industry.\21\ We relied on data provided by the petitioner for
purposes of measuring industry support.\22\
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\21\ Id.
\22\ Id.
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On July 30, 2025, we received timely filed comments on industry
support from Illuminate USA LLC (Illuminate), a U.S. producer of the
domestic like product.\23\ On July 30, 2025, we also received timely
filed comments on industry support from a group of U.S. producers:
Canadian Solar US Module Manufacturing Corporation (Canadian Solar),
Heliene USA Inc. (Heliene), and Silfab Solar WA (Silfab).\24\ On August
1, 2025, the petitioner responded to the comments from Illuminate,
Canadian Solar, Heliene and Silfab in a timely filed rebuttal
submission.\25\
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\23\ See Illuminate's Letter, ``Illuminate Request to Poll the
Domestic Industry,'' dated July 30, 2025.
\24\ See Letter from Canadian Solar, Heliene, and Silfab,
``Request to Poll the Industry,'' dated July 30, 2025.
\25\ See Petitioner's Letter, ``Alliance's Rebuttal Comments to
Parties Industry Polling Requests,'' dated August 1, 2025
(Petitioner's Rebuttal).
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Our review of the data provided in the Petitions, the General
Issues Supplement, Petitioner's Rebuttal, and other information readily
available to Commerce indicates that the petitioner has established
industry support for the Petitions.\26\ First, the Petitions
established support from domestic producers (or workers) accounting for
more than 50 percent of the total production of the domestic like
product and, as such, Commerce is not required to take further action
in order to evaluate industry support (e.g., polling).\27\ Second, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(i) of the Act because the
domestic producers (or workers) who support the Petitions account for
at least 25 percent of the total production of the domestic like
product.\28\ Finally, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Petitions account for more than 50 percent of the production of the
domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Petitions.\29\
Accordingly, Commerce determines that the Petitions were filed on
behalf of the domestic industry within the meaning of section 702(b)(1)
of the Act.\30\
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\26\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\27\ Id.; see also section 702(c)(4)(D) of the Act.
\28\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\29\ Id.
\30\ Id.
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Injury Test
Because India, Indonesia, and Laos are ``Subsidies Agreement
Countries'' within the meaning of section 701(b) of the Act, section
701(a)(2) of the Act applies to these investigations. Accordingly, the
ITC must determine whether imports of the subject merchandise from
India, Indonesia, and/or Laos materially injure, or
[[Page 38748]]
threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioner alleges that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioner
alleges that subject imports from India, Indonesia, and Laos
individually exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\31\
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\31\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from
India, Indonesia, and the Lao People's Democratic Republic
(Attachment III).
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The petitioner contends that the industry's injured condition is
illustrated by the significant volume of subject imports, reduced
market share, underselling and price depression and/or suppression,
lost sales and revenues, declines in the domestic industry's
production, shipments, capacity utilization, delays or retraction of
the domestic industry's expansion plans and negative impact on
employment and financial performance.\32\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, cumulation, as well as negligibility, and we have
determined that these allegations are properly supported by adequate
evidence, and meet the statutory requirements for initiation.\33\
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\32\ See Attachment III of the Country-Specific AD Initiation
Checklists.
\33\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of solar cells from India, Indonesia, and Laos benefit
from countervailable subsidies conferred by the GOI, GOIN, and GOL,
respectively. In accordance with section 703(b)(1) of the Act and 19
CFR 351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 65 days after the date of this initiation.
India
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 84 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the India CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Indonesia
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 23 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the Indonesia CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Laos
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 20 programs
alleged by the petitioner. For a full discussion of the basis for our
decision to initiate on each program, see the Laos CVD Initiation
Checklist. A public version of the initiation checklist for this
investigation is available on ACCESS.
Respondent Selection
India, Indonesia, Laos
In the Petitions, the petitioner identified 43 companies in India,
54 companies in Indonesia, and eight companies in Laos as producers
and/or exporters of solar cells.\34\ Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in the investigations. Following standard practice in CVD
investigations, in the event Commerce determines that the number of
companies is large, and it cannot individually examine each company
based upon Commerce's resources, where appropriate, Commerce intends to
select mandatory respondents based on U.S. Customs and Border
Protection (CBP) data for imports under the appropriate Harmonized
Tariff Schedule of the United States (HTSUS) subheading(s) listed in
the ``Scope of the Investigations,'' in the appendix.
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\34\ See Petitions at Volume I (page 18 and Exhibit I-18); see
also General Issues Supplement at 1-2 and Exhibit I-Supp-1.
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On August 5, 2025, Commerce released CBP data on imports of solar
cells from India, Indonesia, and Laos under administrative protective
order (APO) to all parties with access to information protected by APO
and indicated that interested parties wishing to comment on CBP data
and/or respondent selection must do so within three business days of
the publication date of the notice of initiation of these
investigations.\35\ Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\35\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated August 5, 2025.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOI, GOIN, and GOL via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of solar cells from India, Indonesia, and/or
Laos are materially injuring, or threatening material injury to, a U.S.
industry.\36\ A negative ITC determination for any country will result
in the investigation being terminated with respect to that country.\37\
Otherwise, these CVD investigations will proceed according to statutory
and regulatory time limits.
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\36\ See section 703(a)(1) of the Act.
\37\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information
[[Page 38749]]
described in (i)-(iv). Section 351.301(b) of Commerce's regulations
requires any party, when submitting factual information, to specify
under which subsection of 19 CFR 351.102(b)(21) the information is
being submitted \38\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\39\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\38\ See 19 CFR 351.301(b).
\39\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\40\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\41\
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\40\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\41\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\42\
Parties must use the certification formats provided in 19 CFR
351.303(g).\43\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\42\ See section 782(b) of the Act.
\43\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\44\
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\44\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: August 6, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The merchandise covered by these investigations is crystalline
silicon photovoltaic cells, and modules, laminates, and panels,
consisting of crystalline silicon photovoltaic cells, whether or not
partially or fully assembled into other products, including, but not
limited to, modules, laminates, panels and building integrated
materials.
These investigations cover crystalline silicon photovoltaic
cells of thickness equal to or greater than 20 micrometers, having a
p/n junction formed by any means, whether or not the cell has
undergone other processing, including, but not limited to, cleaning,
etching, coating, and/or addition of materials (including, but not
limited to, metallization and conductor patterns) to collect and
forward the electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules,
laminates, panels, 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 investigations are thin film
photovoltaic products produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the investigations are
crystalline silicon photovoltaic cells, not exceeding 10,000 mm\2\
in surface area, that are permanently integrated into a consumer
good whose function is other than power generation and that consumes
the electricity generated by the integrated crystalline silicon
photovoltaic cell. Where more than one cell is permanently
integrated into a consumer good, the surface area for purposes of
this exclusion shall be the total combined surface area of all cells
that are integrated into the consumer good.
Additionally, excluded from the scope of the investigations are
panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one
black wire and one red wire (each of type 22 AWG or 24 AWG not more
than 206 mm in length when measured from panel extrusion), and not
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of
this exclusion, no panel shall contain an internal battery or
external computer peripheral ports.
Also excluded from the scope of the investigations are:
(1) Off grid CSPV panels in rigid form with a glass cover, with
the following characteristics: (A) a total power output of 100 watts
or less per panel; (B) a maximum surface area of 8,000 cm\2\ per
panel; (C) do not include a built-in inverter; (D) must include a
permanently connected wire that terminates in either an 8 mm male
barrel connector, or a two-port rectangular connector with two pins
in square housings of different colors; (E) must include visible
parallel grid collector metallic wire lines every 1-4 millimeters
across each solar cell; and (F) must be in individual retail
packaging (for purposes of this provision, retail packaging
typically includes graphics, the product name, its description and/
or features, and foam for transport); and
(2) Off grid CSPV panels without a glass cover, with the
following characteristics: (A) a total power output of 100 watts or
less per panel; (B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter; (D) must include visible
parallel grid collector metallic wire lines every 1-4 millimeters
across each solar cell; and (E) each panel is (1) permanently
integrated into a consumer good; (2) encased in a laminated material
without stitching, or (3) has all of the following characteristics:
(i) the panel is encased in sewn fabric with visible stitching, (ii)
includes a mesh zippered storage pocket, and (iii) includes a
permanently attached wire that terminates in a female USB-A
connector.
In addition, the following CSPV panels are excluded from the
scope of the investigations: off-grid CSPV panels in rigid form with
a glass cover, with each of the
[[Page 38750]]
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 twoport rectangular connector.
Additionally excluded from the scope of these investigations are
off-grid small portable crystalline silicon photovoltaic panels,
with or without a glass cover, with the following characteristics:
(1) a total power output of 200 watts or less per panel; (2) a
maximum surface area of 16,000 cm\2\ per panel; (3) no built-in
inverter; (4) an integrated handle or a handle attached to the
package for ease of carry; (5) one or more integrated kickstands for
easy installation or angle adjustment; and (6) a wire of not less
than 3 meters either permanently connected or attached to the
package that terminates in an 8 mm diameter male barrel connector.
Also excluded from the scope of these investigations are off-
grid crystalline silicon photovoltaic panels in rigid form with a
glass cover, with each of the following physical characteristics,
whether or not assembled into a fully completed off-grid hydropanel
whose function is conversion of water vapor into liquid water: (A) a
total power output of no more than 180 watts per panel at 155
degrees Celsius; (B) a surface area of less than 16,000 square
centimeters (cm\2\) per panel; (C) include a keep-out area of
approximately 1,200 cm\2\ around the edges of the panel that does
not contain solar cells; (D) do not include a built-in inverter; (E)
do not have a frame around the edges of the panel; (F) include a
clear glass back panel; (G) must include a permanently connected
wire that terminates in a two-port rounded rectangular, sealed
connector; (H) include a thermistor installed into the permanently
connected wire before the twoport connector; and (I) include exposed
positive and negative terminals at opposite ends of the panel, not
enclosed in a junction box.
Further excluded from the scope of the investigations are:
(1) Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per
panel, (C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure, (E) must include visible parallel grid
collector metallic wire lines every 1-4 millimeters across each
solar cell, and (F) must be in individual retail packaging (for
purposes of this provision, retail packaging typically includes
graphics, the product name, its description and/or features); and
(2) Off-grid small portable crystalline silicon photovoltaic
panels, with or without a glass cover, with the following
characteristics: (A) a total power output of 200 watts or less per
panel, (B) a maximum surface area of 16,000 cm\2\ per panel, (C) no
built-in inverter, (D) an integrated handle or a handle attached to
the package for ease of carry, (E) one or more integrated kickstands
for easy installation or angle adjustment, and (F) a wire either
permanently connected or attached to the package terminates in
waterproof connector with a cylindrical positive electrode and a
rectangular negative electrode with the positive and negative
electrodes having an interlocking structure.
Also excluded from the scope of the investigations are:
(1) Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per
panel, (C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure, (E) must include visible parallel grid
collector metallic wire lines every 1-4 millimeters across each
solar cell, and (F) must be in individual retail packaging (for
purposes of this provision, retail packaging typically includes
graphics, the product name, its description and/or features); and
(2) Small off-grid panels with glass cover, with the following
characteristics: (A) surface area from 3,450 mm\2\ to 33,782 mm\2\,
(B) with one black wire and one red wire (each of type 22AWG or 28
AWG not more than 350 mm in length when measured from panel
extrusion), (C) not exceeding 10 volts, (D) not exceeding 1.1 amps,
(E) not exceeding 6 watts, and (F) for the purposes of this
exclusion, no panel shall contain an internal battery or external
computer peripheral ports.
Additionally excluded from the scope of the investigations are:
(1) Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 175 watts or
less per panel, (B) a maximum surface area of 9,000 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure; (E) must include visible parallel grid
collector metallic wire lines every 1-4 millimeters across each
solar cell, and (F) must be in individual retail packaging (for
purposes of this provision, retail packaging typically includes
graphics, the product name, its description and/or features); and
(2) Off grid CSPV panels without a glass cover, with the
following characteristics, (A) a total power output of 220 watts or
less per panel, (B) a maximum surface area of 16,000 cm\2\ per
panel, (C) do not include a built-in inverter, (D) must include
visible parallel grid collector metallic wire lines every 1-4
millimeters across each solar cell, and (E) each panel is encased in
a laminated material without stitching.
Also excluded from the scope of these investigations are off-
grid CSPV panels in rigid form, with or without a glass cover,
permanently attached to an aluminum extrusion that is an integral
component of an automation device that controls natural light,
whether or not assembled into a fully completed automation device
that controls natural light, with the following characteristics:
(1) a total power output of 20 watts or less per panel;
(2) a maximum surface area of 1,000 cm\2\ per panel;
(3) does not include a built-in inverter for powering third
party devices.
Modules, laminates, and panels produced in a third-country from
cells produced in a subject country are covered by the
investigations; however, modules, laminates, and panels produced in
a subject country from cells produced in a third-country are not
covered by the investigations.
Also excluded from the scope of these investigations are all
products covered by the scope of the antidumping and countervailing
duty orders on Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value, and
Antidumping 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).
Also excluded from the scope of these investigations are all
products covered by the scope of the antidumping and countervailing
duty orders on Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules from the Socialist Republic of Vietnam:
Amended Final Antidumping Duty Determination; Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from
Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam:
Antidumping duty Orders, 90 FR 26786 (June 24, 2025); Crystalline
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules
from the Socialist Republic of Vietnam: Amended Final Antidumping
Duty Determination; Crystalline Silicon Photovoltaic Cells, Whether
or Not Assembled into Modules from Cambodia, Malaysia, Thailand, and
the Socialist Republic of Vietnam: Antidumping Duty Orders;
Correction, 90 FR 29843 (July 7, 2025); and Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from
Malaysia and Thailand: Amended Final Countervailing Duty
Determinations; Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and
the Socialist Republic of Vietnam: Countervailing Duty Orders, 90 FR
26791 (June 24, 2025).
Merchandise covered by the investigations 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,
[[Page 38751]]
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.
[FR Doc. 2025-15251 Filed 8-11-25; 8:45 am]
BILLING CODE 3510-DS-P