Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Continuation of Antidumping Duty Order, 10300-10301 [2019-05273]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10300-10301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05273]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-979]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the People's Republic of China: Continuation of 
Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on crystalline silicon 
photovoltaic cells, whether or not assembled into modules (solar 
cells), from the People's Republic of China (China) would likely lead 
to a continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of the AD duty order.

DATES: Applicable March 20, 2019.

FOR FURTHER INFORMATION CONTACT: Eli Lovely, 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) 482-1593.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2012, Commerce published in the Federal Register the 
antidumping duty order on solar cells from China.\1\ On November 1, 
2017, Commerce published the notice of initiation of this sunset review 
of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On November 13, 2017, pursuant to 19 CFR 
351.218(d)(1), Commerce received a timely and complete notice of intent 
to participate in the sunset review from SolarWorld Americas, Inc. 
(SolarWorld), in which SolarWorld claimed interested party status as a 
domestic producer of solar cells under section 771(9)(C) of the Act.\3\ 
This notice was filed within the time period specified in 19 CFR 
351.218(d)(1)(i).\4\ On December 1, 2017, pursuant to 19 CFR 
351.218(d)(3)(i), SolarWorld filed a timely and adequate substantive 
response.\5\ Commerce did not receive a substantive response from any 
respondent interested party. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) first sunset review of the Order. As a 
result of its review, Commerce determined pursuant to sections 
751(c)(1) and 752(c) of the Act, that revocation of the Order would 
likely lead to a continuation or recurrence of dumping. Commerce also 
notified the ITC of the magnitude of the dumping margins likely to 
prevail should the Order be revoked.\6\ On March 7, 2019, the ITC 
published its determination, pursuant to section 751(c) of the Act, 
that revocation of the AD duty order on solar cells from China would be 
likely to lead to continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time.\7\

Scope of the Order
---------------------------------------------------------------------------

    \1\ 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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 82 FR 50612 
(November 1, 2017).
    \3\ See Letter from SolarWorld to Commerce re, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Notice of Intent to Participate 
in Sunset Review,'' dated November 13, 2017.
    \4\ Id.
    \5\ See Letter from SolarWorld to Commerce re, ``Crystalline 
Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, 
from the People's Republic of China: Substantive Response to Notice 
of Initiation of Sunset Review,'' dated December 1, 2017 (SolarWorld 
Substantive Response).
    \6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Final 
Results of the Expedited First Sunset Review of the Antidumping Duty 
Order, 83 FR 10663 (March 12, 2018) (Final Results), and 
accompanying Issues and Decision Memorandum.
    \7\ See Crystalline Silicon Photovoltaic Cells and Modules From 
China, Investigation No. 701-TA-481 and 731-TA-1190, 84 FR 8342 
(March 7, 2019).
---------------------------------------------------------------------------

    The merchandise covered by the Order 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. The Order 
covers crystalline silicon photovoltaic cells of thickness equal to or 
greater than 20 micrometers, having a p/n junction formed by any means, 
whether or not the cell has undergone other processing, including, but 
not limited to, cleaning, etching, coating, and/or addition of 
materials (including, but not limited to, metallization and conductor 
patterns) to collect and forward the electricity that is generated by 
the cell. Merchandise under consideration may be described at the time 
of importation as parts for final finished products that are assembled 
after importation, including, but not limited to, modules, laminates, 
panels, building-integrated modules, building-integrated panels, or 
other finished goods kits. Such parts that otherwise meet the 
definition of merchandise under consideration are included in the scope 
of the 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 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 this Order are panels with 
surface area from 3,450 mm2 to 33,782 mm2 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.
    Modules, laminates, and panels produced in a third-country from 
cells produced in China are covered by this Order; however, modules, 
laminates, and panels produced in China from cells produced in a third-
country are not covered by this Order.
    Merchandise covered by this Order is currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, 
8501.31.8000, 8541.40.6015, 8541.40.6035, 8541.40.6025, and 
8541.40.6045. These HTSUS subheadings are provided for convenience and 
customs purposes; the written description of the scope of this Order is 
dispositive.

[[Page 10301]]

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the AD order on solar cells 
from China. U.S. Customs and Border Protection will continue to collect 
AD cash deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of the continuation 
of the Order will be the date of publication in the Federal Register of 
this notice of continuation. Pursuant to section 751(c)(2) of the Act 
and 19 CFR 351.218(c)(2), Commerce intends to initiate the next sunset 
review of the Order not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: March 15, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-05273 Filed 3-19-19; 8:45 am]
 BILLING CODE 3510-DS-P