Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China and From Taiwan: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping Duty Orders and Countervailing Duty Order in Part, 10878-10880 [2017-03142]
Download as PDF
<![CDATA[
10878
Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices
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: Preliminary
Results of Changed Circumstances
Reviews, and Intent To Revoke
Antidumping Duty Orders and
Countervailing Duty Order in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On April 20, 2016, the
Department of Commerce (the
‘‘Department’’) received a request for
revocation, in part, of the antidumping
duty (‘‘AD’’) and countervailing duty
(‘‘CVD’’) orders on certain crystalline
silicon photovoltaic products from the
People’s Republic of China (‘‘PRC’’) and
the AD order on certain crystalline
silicon photovoltaic products from
Taiwan (collectively ‘‘Orders’’) with
respect to certain solar panels. We
preliminarily determine that the
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 solar
panels that are incorporated in the
battery charging and maintaining units
described below. Accordingly, we
intend to revoke, in part, the Orders as
to imports of certain solar panels that
are incorporated in the battery charging
and maintaining units, as described
below. The Department invites
interested parties to comment on these
preliminary results.
DATES: Effective February 16, 2017.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4162 or (202) 482–5193,
respectively.
AGENCY:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Background
On February 18, 2015, the Department
published an AD order on crystalline
silicon photovoltaic products from
Taiwan, and AD and CVD orders on
crystalline silicon photovoltaic products
from the PRC in the Federal Register.1
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 (Feb. 18,
2015); see also Certain Crystalline Silicon
VerDate Sep<11>2014
19:05 Feb 15, 2017
Jkt 241001
On April 20, 2016, the Department
received a request on behalf of
PulseTech Products Corporation
(‘‘PulseTech’’) for changed
circumstances reviews to revoke, in
part, the Orders with respect to certain
stand-alone solar panels and certain
solar panels incorporated in a specific
type of battery charging and maintaining
unit.2 In subsequent submissions filed
between May 12, 2016, and September
2, 2016, PulseTech modified the
description of the exclusion request for
solar panels incorporated in battery
charging and maintaining units. On
September 6, 2016, SolarWorld
Americas, Inc. (‘‘Petitioner’’) stated that
it agrees with the scope exclusion
language proposed by PulseTech.3
Ultimately, Pulsetech withdrew its
request for changed circumstances
reviews with respect to the stand-alone
solar panels not incorporated in battery
charging and maintaining units.4
On November 2, 2016, the Department
published the notice of initiation of the
requested changed circumstances
reviews.5 Because the statement
submitted by Petitioner in support of
PulseTech’s Request did not indicate
whether Petitioner accounts for
substantially all of the domestic
production of crystalline silicon
photovoltaic products, in the Initiation
Notice, we invited interested parties to
submit comments concerning industry
support for the potential revocation, in
part, as well as comments and/or factual
information regarding the changed
circumstances reviews. No comments or
factual information were submitted by
any party.
Scope of the AD and CVD Orders on
Certain Crystalline Silicon Photovoltaic
Products From the PRC
The merchandise covered by these
orders are modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
Photovoltaic Products From Taiwan: Antidumping
Duty Order, 80 FR 8596 (Feb. 18, 2015).
2 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’s Request’’).
3 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.
4 See PulseTech’s October 28, 2016 submission.
5 See 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, 81 FR 78967 (Nov. 10, 2016)
(‘‘Initiation Notice’’).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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 10,000
mm2 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
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
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 (Dec.
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 (Dec. 7, 2012).
E:\FR\FM\16FEN1.SGM
16FEN1
Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
8501.31.8000. These HTSUS
subheadings are provided for
convenience and customs purposes; the
written description of the scope of this
order is dispositive.
Scope of the AD 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 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 10,000 mm2 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
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
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 (Dec.
7, 2012); Crystalline Silicon Photovoltaic Cells,
VerDate Sep<11>2014
19:05 Feb 15, 2017
Jkt 241001
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 are
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.
Scope of Changed Circumstances
Reviews
PulseTech requests that the
Department revoke the Orders, in part,
to exclude certain solar panels
incorporated in battery charging and
maintaining units, as described below.
The solar panels subject to PulseTech’s
request 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.’’
Preliminary Results of Changed
Circumstances Reviews, and Intent To
Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the
Tariff Act of 1930, as amended (the
‘‘Act’’), and 19 CFR 351.222(g), the
Department 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 changed circumstances review).
Section 751(b)(1) of the Act requires a
changed circumstances review 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 the
Department the authority to revoke an
order if producers accounting for
substantially all of the production of the
Whether or Not Assembled into Modules, from the
People’s Republic of China: Countervailing Duty
Order, 77 FR 73017 (Dec. 7, 2012).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
10879
domestic like product have expressed a
lack of interest in the order. Section
351.222(g) of the Department’s
regulations provides that the
Department will conduct a changed
circumstances review 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. Both the Act and the
Department’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order for
the Department to revoke the order, in
whole or in part.8 The Department has
interpreted ‘‘substantially all’’ to
represent producers accounting for at
least 85 percent of U.S. production of
the domestic like product.9
The Department’s regulations do not
specify a deadline for the issuance of
the preliminary results of a changed
circumstances review, but provide that
the Department will issue the final
results of review within 270 days after
the date on which the changed
circumstances review is initiated.10 The
Department did not issue a combined
notice of initiation and preliminary
results. As discussed above, the
statement provided by Petitioner and
offered in support of PulseTech’s
Request did not indicate whether
Petitioner accounts for substantially all
domestic production of certain
crystalline silicon photovoltaic
products.11 Thus, the Department did
not determine in the Initiation Notice
that producers accounting for
substantially all of the production of the
domestic like product lacked interest in
the continued application of the Orders
as to the certain solar panels under
consideration here. Further, the
Department requested interested party
comments on the issue of domestic
industry support of a potential partial
revocation of the Orders.12 The
8 See section 782(h) of the Act and 19 CFR
351.222(g).
9 See Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012), unchanged in Honey
From Argentina; Final Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 77029
(December 31, 2012).
10 19 CFR 351.216(e).
11 See Initiation Notice.
12 Id.
E:\FR\FM\16FEN1.SGM
16FEN1
10880
Federal Register / Vol. 82, No. 31 / Thursday, February 16, 2017 / Notices
Department received no comments
concerning a lack of industry support
with respect to these changed
circumstances reviews.
As noted in the Initiation Notice,
PulseTech requested revocation of the
Orders, in part, and supported its
request. In light of PulseTech’s Request,
Petitioner’s agreement with the scope
exclusion language proposed by
PulseTech, and in the absence of any
interested party comments received
during the comment period, we
preliminarily conclude that changed
circumstances warrant revocation of the
Orders, in part, because the 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 solar panels
incorporated in battery charging and
maintaining units, as described above.
We will consider comments from
interested parties on these preliminary
results of reviews before issuing the
final results of these reviews.13
Accordingly, we are notifying the
public of our intent to revoke the
Orders, in part. We intend to carry out
this revocation by including the
following exclusion language in the
scope of each of the Orders:
Additionally, excluded from the scope of
the order 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.’’
asabaliauskas on DSK3SPTVN1PROD with NOTICES
If we make a final determination to
revoke the Orders in part, then the
Department will apply this
determination to each order as follows.
If, at the time of the final
determinations, there have been no
completed administrative reviews of an
order, then the partial revocation will be
applied to unliquidated entries of
merchandise subject to the changed
circumstances review that were entered
or withdrawn from warehouse, for
consumption, on or after the date that
corresponds to the date suspension of
liquidation first began in the relevant
proceeding.14 If, at the time of the final
determinations, there have been
completed administrative reviews of an
order, then the partial revocation will be
retroactively applied to unliquidated
entries of merchandise subject to the
changed circumstances reviews 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 review of the
applicable order. Specifically, under
this scenario, the partial revocation for
merchandise subject to the AD orders
would be applied retroactively to
unliquidated entries of merchandise
entered or withdrawn from warehouse,
for consumption, on or after February 1,
2016, and the partial revocation for
merchandise subject to the CVD order
would be applied retroactively to
unliquidated entries of merchandise
entered or withdrawn from warehouse,
for consumption, on or after January 1,
2016, as applicable.
Public Comment
Interested parties are invited to
comment on these preliminary results of
reviews in accordance with 19 CFR
351.309(c)(1)(ii). Case briefs may be
submitted no later than 14 days after the
date of publication of these preliminary
results.15 Rebuttals to case briefs,
limited to issues raised in the case
briefs, may be filed no later than seven
days after the due date for case briefs.16
All submissions must be filed
electronically using Enforcement and
Compliance’s AD and CVD Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at http://access.trade.gov and in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the day it is due.
Any interested party may request a
hearing within 14 days of publication of
14 Suspension
13 See,
e.g., Honey from Argentina; Antidumping
and Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012); Aluminum Extrusions
from the People’s Republic of China: Preliminary
Results of Changed Circumstances Reviews, and
Intent to Revoke Antidumping and Countervailing
Duty Orders in Part, 78 FR 66895 (November 7,
2013); see also 19 CFR 351.222(g)(1)(v).
VerDate Sep<11>2014
19:05 Feb 15, 2017
Jkt 241001
of liquidation first began for
merchandise subject to the CVD order on June 10,
2014; suspension of liquidation first began for
merchandise subject to the AD orders on July 31,
2014.
15 The Department is altering the deadline for the
submission of case briefs, as authorized by 19 CFR
351.309(c)(1)(ii).
16 The Department is altering the deadline for the
submission of rebuttal briefs, as authorized by 19
CFR 351.309(d)(1).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
this notice.17 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations at
the hearing will be limited to issues
raised in the briefs. If a request for a
hearing is made, parties will be notified
of the time and date for the hearing to
be held at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230 in a room
to be determined.18
The Department intends to issue the
final results of these changed
circumstances reviews, which will
include its analysis of any written
comments received, no later than 270
days after the date on which these
reviews were initiated.
If, in the final results of these reviews,
the Department continues to determine
that changed circumstances warrant the
revocation of the Orders, in part, we
will instruct U.S. Customs and Border
Protection to liquidate without regard to
AD or CVD duties, and to refund any
estimated AD or CVD duties, on all
unliquidated entries of the merchandise
covered by the revocation that are not
covered by the final results of an
administrative review or automatic
liquidation.
The current requirement for cash
deposits of estimated AD and CVD
duties on all entries of subject
merchandise will continue unless they
are modified pursuant to the final
results of these changed circumstances
reviews.
These preliminary results of reviews
and notice are in accordance with
sections 751(b) and 777(i) of the Act and
19 CFR 351.221 and 19 CFR 351.222.
Dated: February 9, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–03142 Filed 2–15–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Manufacturing Extension Partnership
Advisory Board
National Institute of Standards
and Technology, Commerce.
ACTION: Notice of open meeting.
AGENCY:
17 The Department is exercising its discretion
under 19 CFR 351.310(c) to alter the time limit for
requesting a hearing.
18 See 19 CFR 351.310(d).
E:\FR\FM\16FEN1.SGM
16FEN1
]]>Agencies
[Federal Register Volume 82, Number 31 (Thursday, February 16, 2017)]
[Notices]
[Pages 10878-10880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03142]
[[Page 10878]]
-----------------------------------------------------------------------
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: Preliminary Results of
Changed Circumstances Reviews, and Intent To Revoke Antidumping Duty
Orders and Countervailing Duty Order in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 20, 2016, the Department of Commerce (the
``Department'') received a request for revocation, in part, of the
antidumping duty (``AD'') and countervailing duty (``CVD'') orders on
certain crystalline silicon photovoltaic products from the People's
Republic of China (``PRC'') and the AD order on certain crystalline
silicon photovoltaic products from Taiwan (collectively ``Orders'')
with respect to certain solar panels. We preliminarily determine that
the 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 solar panels that
are incorporated in the battery charging and maintaining units
described below. Accordingly, we intend to revoke, in part, the Orders
as to imports of certain solar panels that are incorporated in the
battery charging and maintaining units, as described below. The
Department invites interested parties to comment on these preliminary
results.
DATES: Effective February 16, 2017.
FOR FURTHER INFORMATION CONTACT: Magd Zalok or Howard Smith, AD/CVD
Operations, Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4162 or (202) 482-5193,
respectively.
Background
On February 18, 2015, the Department published an AD order on
crystalline silicon photovoltaic products from Taiwan, and AD and CVD
orders on crystalline silicon photovoltaic products from the PRC in the
Federal Register.\1\ On April 20, 2016, the Department received a
request on behalf of PulseTech Products Corporation (``PulseTech'') for
changed circumstances reviews to revoke, in part, the Orders with
respect to certain stand-alone solar panels and certain solar panels
incorporated in a specific type of battery charging and maintaining
unit.\2\ In subsequent submissions filed between May 12, 2016, and
September 2, 2016, PulseTech modified the description of the exclusion
request for solar panels incorporated in battery charging and
maintaining units. On September 6, 2016, SolarWorld Americas, Inc.
(``Petitioner'') stated that it agrees with the scope exclusion
language proposed by PulseTech.\3\ Ultimately, Pulsetech withdrew its
request for changed circumstances reviews with respect to the stand-
alone solar panels not incorporated in battery charging and maintaining
units.\4\
---------------------------------------------------------------------------
\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 (Feb. 18, 2015); see also
Certain Crystalline Silicon Photovoltaic Products From Taiwan:
Antidumping Duty Order, 80 FR 8596 (Feb. 18, 2015).
\2\ 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's
Request'').
\3\ 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.
\4\ See PulseTech's October 28, 2016 submission.
---------------------------------------------------------------------------
On November 2, 2016, the Department published the notice of
initiation of the requested changed circumstances reviews.\5\ Because
the statement submitted by Petitioner in support of PulseTech's Request
did not indicate whether Petitioner accounts for substantially all of
the domestic production of crystalline silicon photovoltaic products,
in the Initiation Notice, we invited interested parties to submit
comments concerning industry support for the potential revocation, in
part, as well as comments and/or factual information regarding the
changed circumstances reviews. No comments or factual information were
submitted by any party.
---------------------------------------------------------------------------
\5\ See 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, 81 FR 78967
(Nov. 10, 2016) (``Initiation Notice'').
---------------------------------------------------------------------------
Scope of the AD and CVD Orders on Certain Crystalline Silicon
Photovoltaic Products From the PRC
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 10,000 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 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 (Dec. 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 (Dec. 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
[[Page 10879]]
8501.31.8000. These HTSUS subheadings are provided for convenience and
customs purposes; the written description of the scope of this order is
dispositive.
Scope of the AD 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 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 10,000 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 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 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 (Dec. 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 (Dec. 7, 2012).
---------------------------------------------------------------------------
Merchandise covered by this order are 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.
Scope of Changed Circumstances Reviews
PulseTech requests that the Department revoke the Orders, in part,
to exclude certain solar panels incorporated in battery charging and
maintaining units, as described below. The solar panels subject to
PulseTech's request are:
(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.''
Preliminary Results of Changed Circumstances Reviews, and Intent To
Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the Tariff Act of 1930, as amended
(the ``Act''), and 19 CFR 351.222(g), the Department 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 changed circumstances review). Section
751(b)(1) of the Act requires a changed circumstances review 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 the
Department 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 the
Department's regulations provides that the Department will conduct a
changed circumstances review 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.
Both the Act and the Department's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for the Department to revoke the order, in whole or in
part.\8\ The Department has interpreted ``substantially all'' to
represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\9\
---------------------------------------------------------------------------
\8\ See section 782(h) of the Act and 19 CFR 351.222(g).
\9\ See Honey from Argentina; Antidumping and Countervailing
Duty Changed Circumstances Reviews; Preliminary Intent to Revoke
Antidumping and Countervailing Duty Orders, 77 FR 67790, 67791
(November 14, 2012), unchanged in Honey From Argentina; Final
Results of Antidumping and Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and Countervailing Duty Orders,
77 FR 77029 (December 31, 2012).
---------------------------------------------------------------------------
The Department's regulations do not specify a deadline for the
issuance of the preliminary results of a changed circumstances review,
but provide that the Department will issue the final results of review
within 270 days after the date on which the changed circumstances
review is initiated.\10\ The Department did not issue a combined notice
of initiation and preliminary results. As discussed above, the
statement provided by Petitioner and offered in support of PulseTech's
Request did not indicate whether Petitioner accounts for substantially
all domestic production of certain crystalline silicon photovoltaic
products.\11\ Thus, the Department did not determine in the Initiation
Notice that producers accounting for substantially all of the
production of the domestic like product lacked interest in the
continued application of the Orders as to the certain solar panels
under consideration here. Further, the Department requested interested
party comments on the issue of domestic industry support of a potential
partial revocation of the Orders.\12\ The
[[Page 10880]]
Department received no comments concerning a lack of industry support
with respect to these changed circumstances reviews.
---------------------------------------------------------------------------
\10\ 19 CFR 351.216(e).
\11\ See Initiation Notice.
\12\ Id.
---------------------------------------------------------------------------
As noted in the Initiation Notice, PulseTech requested revocation
of the Orders, in part, and supported its request. In light of
PulseTech's Request, Petitioner's agreement with the scope exclusion
language proposed by PulseTech, and in the absence of any interested
party comments received during the comment period, we preliminarily
conclude that changed circumstances warrant revocation of the Orders,
in part, because the 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 solar panels incorporated in battery charging and maintaining
units, as described above. We will consider comments from interested
parties on these preliminary results of reviews before issuing the
final results of these reviews.\13\
---------------------------------------------------------------------------
\13\ See, e.g., Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances Reviews; Preliminary
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR
67790, 67791 (November 14, 2012); Aluminum Extrusions from the
People's Republic of China: Preliminary Results of Changed
Circumstances Reviews, and Intent to Revoke Antidumping and
Countervailing Duty Orders in Part, 78 FR 66895 (November 7, 2013);
see also 19 CFR 351.222(g)(1)(v).
---------------------------------------------------------------------------
Accordingly, we are notifying the public of our intent to revoke
the Orders, in part. We intend to carry out this revocation by
including the following exclusion language in the scope of each of the
Orders:
Additionally, excluded from the scope of the order are solar
panels that are: (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.''
If we make a final determination to revoke the Orders in part, then
the Department will apply this determination to each order as follows.
If, at the time of the final determinations, there have been no
completed administrative reviews of an order, then the partial
revocation will be applied to unliquidated entries of merchandise
subject to the changed circumstances review that were entered or
withdrawn from warehouse, for consumption, on or after the date that
corresponds to the date suspension of liquidation first began in the
relevant proceeding.\14\ If, at the time of the final determinations,
there have been completed administrative reviews of an order, then the
partial revocation will be retroactively applied to unliquidated
entries of merchandise subject to the changed circumstances reviews
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 review of the applicable order.
Specifically, under this scenario, the partial revocation for
merchandise subject to the AD orders would be applied retroactively to
unliquidated entries of merchandise entered or withdrawn from
warehouse, for consumption, on or after February 1, 2016, and the
partial revocation for merchandise subject to the CVD order would be
applied retroactively to unliquidated entries of merchandise entered or
withdrawn from warehouse, for consumption, on or after January 1, 2016,
as applicable.
---------------------------------------------------------------------------
\14\ Suspension of liquidation first began for merchandise
subject to the CVD order on June 10, 2014; suspension of liquidation
first began for merchandise subject to the AD orders on July 31,
2014.
---------------------------------------------------------------------------
Public Comment
Interested parties are invited to comment on these preliminary
results of reviews in accordance with 19 CFR 351.309(c)(1)(ii). Case
briefs may be submitted no later than 14 days after the date of
publication of these preliminary results.\15\ Rebuttals to case briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the due date for case briefs.\16\ All submissions must
be filed electronically using Enforcement and Compliance's AD and CVD
Centralized Electronic Service System (``ACCESS''). ACCESS is available
to registered users at http://access.trade.gov and in the Central
Records Unit, room B8024 of the main Department of Commerce building.
An electronically filed document must be received successfully in its
entirety by ACCESS, by 5 p.m. Eastern Time on the day it is due.
---------------------------------------------------------------------------
\15\ The Department is altering the deadline for the submission
of case briefs, as authorized by 19 CFR 351.309(c)(1)(ii).
\16\ The Department is altering the deadline for the submission
of rebuttal briefs, as authorized by 19 CFR 351.309(d)(1).
---------------------------------------------------------------------------
Any interested party may request a hearing within 14 days of
publication of this notice.\17\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations at the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
parties will be notified of the time and date for the hearing to be
held at the U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230 in a room to be determined.\18\
---------------------------------------------------------------------------
\17\ The Department is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
\18\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
The Department intends to issue the final results of these changed
circumstances reviews, which will include its analysis of any written
comments received, no later than 270 days after the date on which these
reviews were initiated.
If, in the final results of these reviews, the Department continues
to determine that changed circumstances warrant the revocation of the
Orders, in part, we will instruct U.S. Customs and Border Protection to
liquidate without regard to AD or CVD duties, and to refund any
estimated AD or CVD duties, on all unliquidated entries of the
merchandise covered by the revocation that are not covered by the final
results of an administrative review or automatic liquidation.
The current requirement for cash deposits of estimated AD and CVD
duties on all entries of subject merchandise will continue unless they
are modified pursuant to the final results of these changed
circumstances reviews.
These preliminary results of reviews and notice are in accordance
with sections 751(b) and 777(i) of the Act and 19 CFR 351.221 and 19
CFR 351.222.
Dated: February 9, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-03142 Filed 2-15-17; 8:45 am]
BILLING CODE 3510-DS-P
