Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China and From Taiwan: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part, 78967-78969 [2016-26985]

Download as PDF 78967 Notices Federal Register Vol. 81, No. 218 Thursday, November 10, 2016 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Office of the Secretary Notice of Appointment of Members to the National Agricultural Research, Extension, Education, and Economics Advisory Board Research, Education, and Economics, USDA. ACTION: Appointment of members. AGENCY: In accordance with the Federal Advisory Committee Act, the United States Department of Agriculture announces the appointment of members made by the Secretary of Agriculture to fill 7 vacancies on the National Agricultural Research, Extension, Education, and Economics Advisory Board. SUMMARY: Appointments by the Secretary of Agriculture are for 2, or 3 year terms effective October 1, 2016. ADDRESSES: National Agricultural Research, Extension, Education, and Economics Advisory Board; Research Extension, Education, and Economics Advisory Board Office, Room 332A, The Whitten Building, U.S. Department of Agriculture; STOP 0301; 1400 Independence Avenue SW., Washington, DC 20250–2255. FOR FURTHER INFORMATION CONTACT: Michele Esch, Executive Director, Research, Education, and Economics Advisory Board, 1400 Independence Avenue SW., Room 332A, The Whitten Building, Washington, DC 20250–2255 Telephone: 202–720–3684. Fax: 202– 720–6199, email: nareeeab@ ars.usda.gov. Committee Web site: www.nareeeab.ree.usda.gov. asabaliauskas on DSK3SPTVN1PROD with NOTICES DATES: Section 802 of the Federal Agricultural Improvement and Reform Act of 1996 authorized the creation of the National Agricultural Research, Extension, Education, and Economics Advisory Board. The Board is composed of 25 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:46 Nov 09, 2016 Jkt 241001 members, each representing a specific category related to agriculture. The Board was first appointed in September 1996 and at the time one-third of the original members were appointed for one, two, and three-year term, respectively. Due to the staggered appointments, the terms for 7 of the 25 members expired September 30, 2016. Each member is appointed by the Secretary of Agriculture to a specific category on the Board, including farming or ranching, food production and processing, forestry research, crop and animal science, land-grant institutions, non-land grant college or university with a historic commitment to research in the food and agricultural sciences, food retailing and marketing, rural economic development, and natural resource and consumer interest groups, among many others. Appointees by vacancy category of the 7 appointments are as follows: Category F. National Food Animal Science Society: Govind Kannan (Reappointment), Dean and Director, College of Agriculture, Family Sciences and Technology, Fort Valley State University, Fort Valley, GA; Category G. National Crop, Soil, Agronomy, Horticulture, or Weed Science Society: Roch Gaussoin, Professor and Department Head, Department of Agronomy and Horticulture, University of Nebraska, Lincoln, NE; Category L. 1890 Land-Grant Colleges and Universities: Kenrett JeffersonMoore, Professor, North Carolina A&T, Greensboro, NC; Category M. 1994 Equity in Education Land-Grant Institutions: Michael Oltrogge, President, Nebraska Indian Community College, Macy, NE; Category P. American Colleges of Veterinary Medicine: Mark Lawrence, Professor and Associate Dean, Research and Graduate Studies, College of Veterinary Medicine, Mississippi State University, Mississippi, MS; Category T. Rural Economic Development: Robin Beck, Owner, Rockin’ Sheep Products LLC, Livermore Falls, ME; Category U. National Consumer Interest Group: Richard De Los Santos, Coordinator for Horticulture, Produce, and Forestry Marketing, Austin, TX. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Dated: November 2, 2016. Ann Bartuska, Deputy Under Secretary, Research, Education, and Economics. [FR Doc. 2016–27161 Filed 11–9–16; 8:45 am] BILLING CODE 3410–03–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–010, C–570–011, A–583–853] Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China and From Taiwan: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on a request from PulseTech Products Corporation (‘‘PulseTech’’) the Department of Commerce (the ‘‘Department’’) is initiating changed circumstances reviews to consider the possible revocation, in part, of the antidumping duty (‘‘AD’’) order on certain crystalline silicon photovoltaic products from Taiwan and the AD and countervailing duty (‘‘CVD’’) orders on certain crystalline silicon photovoltaic products from the People’s Republic of China (‘‘PRC’’) (together, the ‘‘Orders’’) with respect to solar panels incorporated in certain battery charging and maintaining units, as described below. DATES: Effective Date: November 10, 2016. AGENCY: FOR FURTHER INFORMATION CONTACT: Magd Zalok, Robert Bolling, or Howard Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4162, (202) 482–3434, or (202) 482– 5193, respectively. SUPPLEMENTARY INFORMATION: Background On February 18, 2015, the Department published an AD order on certain crystalline silicon photovoltaic products E:\FR\FM\10NON1.SGM 10NON1 78968 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices from Taiwan,1 and AD and CVD orders on certain crystalline silicon photovoltaic products from the PRC.2 On April 20, 2016, PulseTech Products Corporation (‘‘PulseTech’’), an importer of the subject merchandise, requested revocation, in part, of the Orders pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (‘‘the Act’’) and 19 CFR 351.216(b),3 with respect to certain solar panels. In subsequent submissions filed between May 12, 2016, and September 2, 2016, PulseTech modified the description of one of the products covered by its request, ultimately describing the product as 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.’’ asabaliauskas on DSK3SPTVN1PROD with NOTICES On September 6, 2016, SolarWorld Americas, Inc. (‘‘Petitioner’’) stated that it agrees with the scope exclusion language proposed by PulseTech for the above-referenced solar panels incorporated into certain battery charging and maintaining units.4 PulseTech also requested revocation, in part, of the Orders with respect to other stand-alone solar panels. However, PulseTech withdrew its request for CCRs with respect to the stand-alone panels.5 1 See Certain Crystalline Silicon Photovoltaic Products from Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015). 2 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). 3 See April 20, 2016 letter from PulseTech Products Corporation Re: Resubmission of Requests for Changed Circumstances Review—Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China and from Taiwan (‘‘PulseTech Request for CCRs’’). 4 See September 6, 2016 letter from Petitioner Re: Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China and Taiwan: Changed Circumstances Review Request—Letter of No Opposition. 5 See PulseTech’s October 28, 2016, submission. VerDate Sep<11>2014 17:46 Nov 09, 2016 Jkt 241001 Scope of the Antidumping and Countervailing Duty Orders on Certain Crystalline Silicon Photovoltaic Products From the People’s Republic of China The merchandise covered by these orders are 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 the PRC consisting of crystalline silicon photovoltaic cells produced in a customs territory other than the PRC. Subject merchandise includes modules, laminates and/or panels assembled in the PRC 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 these 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 the PRC, consisting of crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one 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 the PRC.6 6 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of these orders is dispositive. Scope of the Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products From Taiwan The merchandise covered by this order is crystalline silicon photovoltaic cells, and modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. Subject merchandise includes crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Modules, laminates, and panels produced in a third-country from cells produced in Taiwan are covered by this order. However, modules, laminates, and panels produced in Taiwan from cells produced in a third-country are not covered by this order. Excluded from the scope of this order are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this order are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cells. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good. Further, also excluded from the scope of this order are any products covered Countervailing Duty Order, 77 FR 73017 (December 7, 2012). E:\FR\FM\10NON1.SGM 10NON1 Federal Register / Vol. 81, No. 218 / Thursday, November 10, 2016 / Notices by the existing antidumping and countervailing duty orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, from the PRC.7 Also excluded from the scope of this order are modules, laminates, and panels produced in the PRC from crystalline silicon photovoltaic cells produced in Taiwan that are covered by an existing proceeding on such modules, laminates, and panels from the PRC. Merchandise covered by this order is currently classified in the HTSUS under subheadings 8501 .61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this order is dispositive. Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Orders in Part asabaliauskas on DSK3SPTVN1PROD with NOTICES Pursuant to section 751(b) of the Act, the Department will conduct a changed circumstances review upon receipt of a request from an interested party8 which shows changed circumstances sufficient to warrant a review of an order.9 Based on the information provided by PulseTech, the Department has determined that there exist changed circumstances sufficient to warrant changed circumstances reviews of the AD order on certain crystalline silicon photovoltaic products from Taiwan, and the AD and CVD orders on certain crystalline silicon photovoltaic products from the PRC. Also, because this changed circumstances request was filed less than 24 months after the date of publication of notice of the final determinations in the investigations covering certain crystalline silicon photovoltaic products from the PRC and Taiwan, pursuant to 19 CFR 351.216(c), the Department must determine whether good cause for the conduct of these reviews exists. We find that Petitioner’s affirmative statement of no interest in the Orders with respect to solar panels 7 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012); 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). 8 PulseTech stated in its Request for CCRs and its May 2, 2016 entry of appearance that it is an importer of subject merchandise and as such is an interested party pursuant to 19 CFR 351.102(b)(29). 9 See 19 CFR 351.216. VerDate Sep<11>2014 17:46 Nov 09, 2016 Jkt 241001 78969 incorporated into certain batterycharging and maintaining units, as described above, constitutes good cause for the conduct of these reviews. Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide that the Department may revoke an order (in whole or in part) if it determines that producers accounting for substantially all of the production of the domestic like product have expressed a lack of interest in the order, in whole or in part. In addition, in the event the Department determines that expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits the Department to combine the notices of initiation and preliminary results. In its administrative practice, the Department has interpreted ‘‘substantially all’’ to mean producers accounting for at least 85 percent of the total U.S. production of the domestic like product covered by the order.10 Petitioner states that it agrees with the exclusion request; however, because Petitioner did not indicate whether it accounts for substantially all of the domestic production of certain crystalline silicon photovoltaic products, we are providing interested parties with the opportunity to address the issue of domestic industry support with respect to this requested partial revocation of the Orders, and we are not combining this notice of initiation with a preliminary determination pursuant to 19 CFR 351.221(c)(3)(ii). As explained below, interested parties will have an opportunity to address the requested partial revocation for solar panels incorporated into certain batterycharging and maintaining units, described above. information are filed.11 All submissions must be filed electronically using Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘ACCESS’’).12 An electronically filed document must be received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the due dates set forth in this notice. The Department will issue the preliminary results of these changed circumstances reviews, which will set forth the factual and legal conclusions upon which the preliminary results are based, and, in accordance with 19 CFR 351.221(c)(3)(i), will include a description of any action proposed because of those results. Pursuant to 19 CFR 351.221(b)(4)(ii), interested parties will have an opportunity to comment on the preliminary results of these reviews. In accordance with 19 CFR 351.216(e), the Department intends to issue the final results of these AD and CVD changed circumstance reviews within 270 days after the date on which the reviews are initiated, or within 45 days if all parties to the proceeding agree to the outcome of the review. This initiation is published in accordance with section 751(b)(1) of the Act and 19 CFR 351.221(b)(1). Public Comment RIN 0648–XE988 Interested parties are invited to provide comments and/or factual information regarding these changed circumstances reviews, including comments concerning industry support. Comments and factual information may be submitted to the Department no later than 14 days after the date of publication of this notice. Rebuttal comments and rebuttal factual information may be filed with the Department no later than 10 days after the comments and/or factual Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to a Dock Replacement Project in Unalaska, Alaska 10 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). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Dated: November 2, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–26985 Filed 11–9–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed incidental harassment authorization; request for comments. AGENCY: NMFS has received a request from the City of Unalaska (COU), for authorization to take marine mammals incidental to construction activities as part of a dock expansion project at the SUMMARY: 11 Submission of rebuttal factual information must comply with 19 CFR 351.301(b)(2). 12 See, generally, 19 CFR 351.303. E:\FR\FM\10NON1.SGM 10NON1

Agencies

[Federal Register Volume 81, Number 218 (Thursday, November 10, 2016)]
[Notices]
[Pages 78967-78969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26985]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, C-570-011, A-583-853]


Certain Crystalline Silicon Photovoltaic Products From the 
People's Republic of China and From Taiwan: Notice of Initiation of 
Changed Circumstances Reviews, and Consideration of Revocation of the 
Antidumping and Countervailing Duty Orders in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: Based on a request from PulseTech Products Corporation 
(``PulseTech'') the Department of Commerce (the ``Department'') is 
initiating changed circumstances reviews to consider the possible 
revocation, in part, of the antidumping duty (``AD'') order on certain 
crystalline silicon photovoltaic products from Taiwan and the AD and 
countervailing duty (``CVD'') orders on certain crystalline silicon 
photovoltaic products from the People's Republic of China (``PRC'') 
(together, the ``Orders'') with respect to solar panels incorporated in 
certain battery charging and maintaining units, as described below.

DATES: Effective Date: November 10, 2016.

FOR FURTHER INFORMATION CONTACT: Magd Zalok, Robert Bolling, or Howard 
Smith, AD/CVD Operations, Office IV, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-4162, (202) 482-3434, or (202) 482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, the Department published an AD order on 
certain crystalline silicon photovoltaic products

[[Page 78968]]

from Taiwan,\1\ and AD and CVD orders on certain crystalline silicon 
photovoltaic products from the PRC.\2\
---------------------------------------------------------------------------

    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015).
    \2\ 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).
---------------------------------------------------------------------------

    On April 20, 2016, PulseTech Products Corporation (``PulseTech''), 
an importer of the subject merchandise, requested revocation, in part, 
of the Orders pursuant to section 751(b)(1) of the Tariff Act of 1930, 
as amended (``the Act'') and 19 CFR 351.216(b),\3\ with respect to 
certain solar panels. In subsequent submissions filed between May 12, 
2016, and September 2, 2016, PulseTech modified the description of one 
of the products covered by its request, ultimately describing the 
product as solar panels that are:
---------------------------------------------------------------------------

    \3\ See April 20, 2016 letter from PulseTech Products 
Corporation Re: Resubmission of Requests for Changed Circumstances 
Review--Certain Crystalline Silicon Photovoltaic Products from the 
People's Republic of China and from Taiwan (``PulseTech Request for 
CCRs'').

    (1) less than 300,000 mm\2\ in surface area; (2) less than 27.1 
watts in power; (3) coated across their entire surface with a 
polyurethane doming resin; and (4) joined to a battery charging and 
maintaining unit (which is an acrylonitrile butadiene styrene 
(``ABS'') box that incorporates a light emitting diode (``LED'')) by 
coated wires that include a connector to permit the incorporation of 
an extension cable. The battery charging and maintaining unit 
utilizes high-frequency triangular pulse waveforms designed to 
maintain and extend the life of batteries through the reduction of 
lead sulfate crystals. The above-described battery charging and 
maintaining unit is currently available under the registered 
---------------------------------------------------------------------------
trademark ``SolarPulse.''

    On September 6, 2016, SolarWorld Americas, Inc. (``Petitioner'') 
stated that it agrees with the scope exclusion language proposed by 
PulseTech for the above-referenced solar panels incorporated into 
certain battery charging and maintaining units.\4\
---------------------------------------------------------------------------

    \4\ See September 6, 2016 letter from Petitioner Re: Certain 
Crystalline Silicon Photovoltaic Products from the People's Republic 
of China and Taiwan: Changed Circumstances Review Request--Letter of 
No Opposition.
---------------------------------------------------------------------------

    PulseTech also requested revocation, in part, of the Orders with 
respect to other stand-alone solar panels. However, PulseTech withdrew 
its request for CCRs with respect to the stand-alone panels.\5\
---------------------------------------------------------------------------

    \5\ See PulseTech's October 28, 2016, submission.
---------------------------------------------------------------------------

Scope of the Antidumping and Countervailing Duty Orders on Certain 
Crystalline Silicon Photovoltaic Products From the People's Republic of 
China

    The merchandise covered by these orders are 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 the 
PRC consisting of crystalline silicon photovoltaic cells produced in a 
customs territory other than the PRC.
    Subject merchandise includes modules, laminates and/or panels 
assembled in the PRC 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 these 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 the PRC, consisting of crystalline silicon photovoltaic 
cells, not exceeding 10,000mm\2\ in surface area, that are permanently 
integrated into a consumer good whose function is other than power 
generation and that consumes the electricity generated by the 
integrated crystalline silicon photovoltaic cells. Where more than one 
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 the PRC.\6\
---------------------------------------------------------------------------

    \6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); 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 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, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS 
subheadings are provided for convenience and customs purposes; the 
written description of the scope of these orders is dispositive.

Scope of the Antidumping Duty Order on Certain Crystalline Silicon 
Photovoltaic Products From Taiwan

    The merchandise covered by this order is crystalline silicon 
photovoltaic cells, and modules, laminates and/or panels consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully assembled into other products, including building integrated 
materials.
    Subject merchandise includes crystalline silicon photovoltaic cells 
of thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of materials (including, but not limited to, 
metallization and conductor patterns) to collect and forward the 
electricity that is generated by the cell.
    Modules, laminates, and panels produced in a third-country from 
cells produced in Taiwan are covered by this order. However, modules, 
laminates, and panels produced in Taiwan from cells produced in a 
third-country are not covered by this order.
    Excluded from the scope of this order are thin film photovoltaic 
products produced from amorphous silicon (a-Si), cadmium telluride 
(CdTe), or copper indium gallium selenide (CIGS). Also excluded from 
the scope of this order are crystalline silicon photovoltaic cells, not 
exceeding 10,000mm\2\ in surface area, that are permanently integrated 
into a consumer good whose function is other than power generation and 
that consumes the electricity generated by the integrated crystalline 
silicon photovoltaic cells. Where more than one cell is permanently 
integrated into a consumer good, the surface area for purposes of this 
exclusion shall be the total combined surface area of all cells that 
are integrated into the consumer good.
    Further, also excluded from the scope of this order are any 
products covered

[[Page 78969]]

by the existing antidumping and countervailing duty orders on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, from the PRC.\7\ Also excluded from the scope of this order 
are modules, laminates, and panels produced in the PRC from crystalline 
silicon photovoltaic cells produced in Taiwan that are covered by an 
existing proceeding on such modules, laminates, and panels from the 
PRC.
---------------------------------------------------------------------------

    \7\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: Amended 
Final Determination of Sales at Less Than Fair Value, and 
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); 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 this order is currently classified in the 
HTSUS under subheadings 8501 .61.0000, 8507.20.8030, 8507.20.8040, 
8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 
8501.31.8000. These HTSUS subheadings are provided for convenience and 
customs purposes; the written description of the scope of this order is 
dispositive.

Initiation of Changed Circumstances Reviews, and Consideration of 
Revocation of the Orders in Part

    Pursuant to section 751(b) of the Act, the Department will conduct 
a changed circumstances review upon receipt of a request from an 
interested party\8\ which shows changed circumstances sufficient to 
warrant a review of an order.\9\ Based on the information provided by 
PulseTech, the Department has determined that there exist changed 
circumstances sufficient to warrant changed circumstances reviews of 
the AD order on certain crystalline silicon photovoltaic products from 
Taiwan, and the AD and CVD orders on certain crystalline silicon 
photovoltaic products from the PRC. Also, because this changed 
circumstances request was filed less than 24 months after the date of 
publication of notice of the final determinations in the investigations 
covering certain crystalline silicon photovoltaic products from the PRC 
and Taiwan, pursuant to 19 CFR 351.216(c), the Department must 
determine whether good cause for the conduct of these reviews exists. 
We find that Petitioner's affirmative statement of no interest in the 
Orders with respect to solar panels incorporated into certain battery-
charging and maintaining units, as described above, constitutes good 
cause for the conduct of these reviews.
---------------------------------------------------------------------------

    \8\ PulseTech stated in its Request for CCRs and its May 2, 2016 
entry of appearance that it is an importer of subject merchandise 
and as such is an interested party pursuant to 19 CFR 
351.102(b)(29).
    \9\ See 19 CFR 351.216.
---------------------------------------------------------------------------

    Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide 
that the Department may revoke an order (in whole or in part) if it 
determines that producers accounting for substantially all of the 
production of the domestic like product have expressed a lack of 
interest in the order, in whole or in part. In addition, in the event 
the Department determines that expedited action is warranted, 19 CFR 
351.221(c)(3)(ii) permits the Department to combine the notices of 
initiation and preliminary results. In its administrative practice, the 
Department has interpreted ``substantially all'' to mean producers 
accounting for at least 85 percent of the total U.S. production of the 
domestic like product covered by the order.\10\
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    \10\ 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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    Petitioner states that it agrees with the exclusion request; 
however, because Petitioner did not indicate whether it accounts for 
substantially all of the domestic production of certain crystalline 
silicon photovoltaic products, we are providing interested parties with 
the opportunity to address the issue of domestic industry support with 
respect to this requested partial revocation of the Orders, and we are 
not combining this notice of initiation with a preliminary 
determination pursuant to 19 CFR 351.221(c)(3)(ii). As explained below, 
interested parties will have an opportunity to address the requested 
partial revocation for solar panels incorporated into certain battery-
charging and maintaining units, described above.

Public Comment

    Interested parties are invited to provide comments and/or factual 
information regarding these changed circumstances reviews, including 
comments concerning industry support. Comments and factual information 
may be submitted to the Department no later than 14 days after the date 
of publication of this notice. Rebuttal comments and rebuttal factual 
information may be filed with the Department no later than 10 days 
after the comments and/or factual information are filed.\11\ All 
submissions must be filed electronically using Enforcement and 
Compliance's AD and CVD Centralized Electronic Service System 
(``ACCESS'').\12\ An electronically filed document must be received 
successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the 
due dates set forth in this notice.
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    \11\ Submission of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \12\ See, generally, 19 CFR 351.303.
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    The Department will issue the preliminary results of these changed 
circumstances reviews, which will set forth the factual and legal 
conclusions upon which the preliminary results are based, and, in 
accordance with 19 CFR 351.221(c)(3)(i), will include a description of 
any action proposed because of those results. Pursuant to 19 CFR 
351.221(b)(4)(ii), interested parties will have an opportunity to 
comment on the preliminary results of these reviews. In accordance with 
19 CFR 351.216(e), the Department intends to issue the final results of 
these AD and CVD changed circumstance reviews within 270 days after the 
date on which the reviews are initiated, or within 45 days if all 
parties to the proceeding agree to the outcome of the review.
    This initiation is published in accordance with section 751(b)(1) 
of the Act and 19 CFR 351.221(b)(1).

    Dated: November 2, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26985 Filed 11-9-16; 8:45 am]
 BILLING CODE 3510-DS-P