Crystalline Silicon Photovoltaic Products From the People's Republic of China: Notice of Initiation of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part, 35902-35904 [2020-12745]
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35902
Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
Excluded from the scope of this
investigation are all products covered by the
scope of the antidumping and countervailing
duty orders on Multilayered Wood Flooring
from the People’s Republic of China. See
Multilayered Wood Flooring from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value and Antidumping Duty Order, 76 FR
76690 (December 8, 2011); Multilayered
Wood Flooring from the People’s Republic of
China: Countervailing Duty Order, 76 FR
76693 (December 8, 2011).
Imports of wood mouldings and millwork
products are primarily entered under the
following Harmonized Tariff Schedule of the
United States (HTSUS) numbers:
4409.10.4010, 4409.10.4090, 4409.10.4500,
4409.10.5000, 4409.22.4000, 4409.22.5000,
4409.29.4100, and 4409.29.5100. Imports of
wood mouldings and millwork products may
also enter under HTSUS numbers:
4409.10.6000, 4409.10.6500, 4409.22.6000,
4409.22.6500, 4409.29.6100, 4409.29.6600,
4418.99.9095 and 4421.99.9780. While the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
[FR Doc. 2020–12752 Filed 6–11–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–108]
Ceramic Tile From the People’s
Republic of China: Notice of
Correction to the Final Affirmative
Determination of Sales at Less Than
Fair Value, and Final Partial Affirmative
Critical Circumstances Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is issuing a
correction to a previously published
AGENCY:
Producer
Foshan Advance Import and Export Co., Ltd ...
Foshan Xinlianfa Ceramics Co., Ltd ................
Properly placed, this entry would
have appeared at page 19427 of the
Final Determination.
We are hereby correcting the Final
Determination to include the omitted
exporter-producer dumping margin and
cash deposit rate listed above.
This notice serves as a correction and
is published in accordance with section
777(i) of the Tariff Act of 1930, as
amended.
DEPARTMENT OF COMMERCE
[FR Doc. 2020–12744 Filed 6–11–20; 8:45 am]
BILLING CODE 3510–DS–P
1 See Ceramic Tile from the People’s Republic of
China: Final Affirmative Determination of Sales at
Less Than Fair Value, and Final Partial Affirmative
VerDate Sep<11>2014
17:43 Jun 11, 2020
Jkt 250001
Federal Register notice pertaining to the
final determination in the antidumping
duty investigation on ceramic tile from
the People’s Republic of China (China).
DATES:
Applicable April 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Mark Flessner, AD/CVD Operations
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6312.
On April
7, 2020, Commerce published in the
Federal Register the notice of Ceramic
Tile from the People’s Republic of
China: Final Affirmative Determination
of Sales at Less Than Fair Value, and
Final Partial Affirmative Critical
Circumstances Determination.1 Due to a
typographical error, the listing of the
final estimated weighted-average
dumping margins omitted one exporterproducer dumping margin and cash
deposit rate:
SUPPLEMENTARY INFORMATION:
Estimated weightedaverage dumping
margin
(percent)
Exporter
Dated: June 8, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
jbell on DSKJLSW7X2PROD with NOTICES
II. Background
III. Alignment
IV. Injury Test
V. Diversification of China’s Economy
VI. Use of Facts Otherwise Available and
Adverse Inferences
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Recommendation
229.04
Cash deposit rate
(adjusted for subsidy
offsets)
(percent)
203.71
Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Notice of Initiation of
Changed Circumstances Reviews, and
Consideration of Revocation of the
Antidumping and Countervailing Duty
Orders in Part
photovoltaic products from the People’s
Republic of China (China) with respect
to certain off-grid portable small panels.
DATES: Applicable June 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Thomas Hanna, 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) 482–0835.
SUPPLEMENTARY INFORMATION:
AGENCY:
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Memory Experts Inc., dba
PowerTraveller (Memory Experts), the
Department of Commerce (Commerce) is
initiating changed circumstances
reviews to consider the possible
revocation, in part, of the antidumping
duty (AD) and countervailing duty
(CVD) orders on crystalline silicon
Background
On February 18, 2015, Commerce
published AD and CVD orders on
certain crystalline silicon photovoltaic
products from China.1 On March 16,
2020, Memory Experts, an importer of
the subject merchandise, requested,
through changed circumstances reviews,
revocation of the Solar Products Orders
with respect to certain off-grid portable
small panels pursuant to section
751(b)(1) of the Tariff Act of 1930, as
Critical Circumstances Determination, 85 FR 19425
(April 7, 2020) (Final Determination).
1 See Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015) (Solar Products Orders).
International Trade Administration
[A–570–010, C–570–011]
PO 00000
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Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
amended (the Act) and 19 CFR
351.216(b).2 On April 13, 2020, Hanwha
Q CELL USA, Inc. (Q CELL USA) and
SunPower Manufacturing Oregon, LLC
(SPMOR), U.S. producers of the
domestic like product, submitted letters
stating that they did not oppose the
partial revocation proposed by Memory
Experts.3 On April 21, 2020, we issued
a letter to Memory Experts noting that
its changed circumstances reviews
request lacked certain information
required for Commerce to consider the
request.4 On May 1, 2020, Memory
Experts amended its request for changed
circumstances reviews by providing the
required information.5
jbell on DSKJLSW7X2PROD with NOTICES
Scope of the Solar Products Orders
The merchandise covered by these
orders is modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials. For purposes of these orders,
subject merchandise includes modules,
laminates and/or panels assembled in
China consisting of crystalline silicon
photovoltaic cells produced in a
customs territory other than China.
Subject merchandise includes
modules, laminates and/or panels
assembled in China consisting of
crystalline silicon photovoltaic cells of
thickness equal to or greater than 20
micrometers, having a p/n junction
formed by any means, whether or not
the cell has undergone other processing,
including, but not limited to, cleaning,
etching, coating, and/or addition of
materials (including, but not limited to,
metallization and conductor patterns) to
collect and forward the electricity that
is generated by the cell.
Excluded from the scope of these
orders are thin film photovoltaic
2 See Memory Experts’ Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules From the People’s Republic of China;
Memory Experts Inc., dba PowerTraveller’s Request
for a Changed Circumstances Review,’’ dated March
16, 2020.
3 See Q CELL USA Inc.’s Letter, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules From the People’s
Republic of China; Hanwha Q CELL USA, Inc.’s
Comments on Memory Experts Inc.’s Request for a
Changed Circumstances Review,’’ dated April 13,
2020; see also SunPower Manufacturing Oregon,
LLC’s Letter, ‘‘Certain Crystalline Silicon
Photovoltaic Products From the People’s Republic
of China; SPMOR Comments on Memory Experts
Inc.’s Request for a Changed Circumstances
Review,’’ dated April 13, 2020.
4 See Commerce’s Letter, ‘‘Crystalline Silicon
Photovoltaic Products From the People’s Republic
of China: Supplemental Questionnaire,’’ dated
April 21, 2020.
5 See Memory Experts’ Letter, ‘‘Supplemental
Questionnaire Response of Memory Experts Inc.,
dba PowerTraveller,’’ dated May 1, 2020.
VerDate Sep<11>2014
17:43 Jun 11, 2020
Jkt 250001
products produced from amorphous
silicon (a-Si), cadmium telluride (CdTe),
or copper indium gallium selenide
(CIGS). Also excluded from the scope of
these orders are modules, laminates
and/or panels assembled in China,
consisting of crystalline silicon
photovoltaic cells, not exceeding 10,000
mm2 in surface area, that are
permanently integrated into a consumer
good whose function is other than
power generation and that consumes the
electricity generated by the integrated
crystalline silicon photovoltaic cells.
Where more than one module, laminate
and/or panel is permanently integrated
into a consumer good, the surface area
for purposes of this exclusion shall be
the total combined surface area of all
modules, laminates and/or panels that
are integrated into the consumer good.
Further, also excluded from the scope
of these orders are any products covered
by the existing antidumping and
countervailing duty orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
laminates and/or panels, from China.6
Additionally, excluded from the
scope of these orders are solar panels
that are: (1) Less than 300,000 mm2 in
surface area; (2) less than 27.1 watts in
power; (3) coated across their entire
surface with a polyurethane doming
resin; and (4) joined to a battery
charging and maintaining unit (which is
an acrylonitrile butadiene styrene (ABS)
box that incorporates a light emitting
diode (LED)) by coated wires that
include a connector to permit the
incorporation of an extension cable. The
battery charging and maintaining unit
utilizes high-frequency triangular pulse
waveforms designed to maintain and
extend the life of batteries through the
reduction of lead sulfate crystals. The
above-described battery charging and
maintaining unit is currently available
under the registered trademark
‘‘SolarPulse.’’
Merchandise covered by these orders
is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6015, 8541.40.6020,
8541.40.6030, 8541.40.6035 and
8501.31.8000. These HTSUS
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).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
35903
subheadings are provided for
convenience and customs purposes; the
written description of the scope of these
orders is dispositive.7
Proposed Revocation of the Solar
Products Orders
Memory Experts proposes that the
Solar Products Orders be revoked, in
part, with respect to certain off-grid
portable small panels. Specifically,
Memory Experts proposes revoking the
Solar Products Orders with respect to
the solar panels described below:
(1) Off-grid crystalline silicon photovoltaic
panels without a glass cover with the
following characteristics:
(a) Total power output of 500 watts or less
per panel;
(b) Maximum surface area of 8,000 cm2 per
panel;
(c) Unit does not include a built-in
inverter;
(d) Unit has visible parallel grid collector
metallic wire lines every 2–40 millimeters
across each solar panel (depending on
model);
(e) Solar cells are encased in laminated
frosted PET material without stitching; 8
(f) The panel is encased in polyester fabric
with visible stitching which includes a
Velcro-type storage pocket and unit closure,
or encased within a Neoprene clamshell
(depending on model);
(g) Includes LED indicator.
Initiation of Changed Circumstances
Reviews, and Consideration of
Revocation of the Solar Products
Orders in Part
Pursuant to section 751(b) of the Act,
Commerce will conduct a changed
circumstances review upon receipt of a
request from an interested party 9 that
shows changed circumstances sufficient
to warrant a review of an order. In
accordance with 19 CFR 351.216(d),
Commerce determines that the
information submitted by Memory
Experts, and the domestic producers’
affirmative statements of no interest in
the Solar Products Orders with respect
to the products described by Memory
Experts, constitute a sufficient basis to
conduct changed circumstances reviews
of the Solar Products Orders.
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
7 See
Solar Products Orders.
the polyester material has stitching on
the perimeter of the unit, the cells are not stitched
into the PET material.
9 Memory Experts reported in its March 16, 2020,
request for changed circumstances reviews that it is
an importer of solar panels. As such, Memory
Experts is an interested party pursuant to 19 CFR
351.102(b)(29).
8 Although
E:\FR\FM\12JNN1.SGM
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35904
Federal Register / Vol. 85, No. 114 / Friday, June 12, 2020 / Notices
like product have expressed a lack of
interest in the order, in whole or in part.
In addition, in the event Commerce
determines that expedited action is
warranted, 19 CFR 351.221(c)(3)(ii)
permits Commerce to combine the
notices of initiation and preliminary
results. In its administrative practice,
Commerce 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
The domestic producers state that
they do not oppose the partial
revocation request; however, because
neither domestic party indicated
whether it accounts for substantially all
of the domestic production of
crystalline silicon photovoltaic
products, we are not combining this
notice of initiation with a preliminary
determination, pursuant to 19 CFR
351.221(c)(3)(ii), but will provide
interested parties with an opportunity to
address the issue of domestic industry
support with respect to this requested
partial revocation of the Solar Products
Orders, as explained below. After
examining comments, if any, concerning
domestic industry support, we will
issue the preliminary results of these
changed circumstances reviews.
Public Comment
jbell on DSKJLSW7X2PROD with NOTICES
Interested parties are invited to
provide comments and/or factual
information regarding these changed
circumstances reviews, including
comments on industry support and the
proposed partial revocation language.
Comments and factual information may
be submitted to Commerce no later than
ten days after the date of publication of
this notice. Rebuttal comments and
rebuttal factual information may be filed
with Commerce no later than seven days
after the comments and/or factual
information are filed.11 Note that
Commerce has modified certain of its
requirements for serving documents
containing business proprietary
information, until July 17, 2020, unless
extended.12 All submissions must be
filed electronically using Enforcement
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).
11 Submissions of rebuttal factual information
must comply with 19 CFR 351.301(b)(2).
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020).
VerDate Sep<11>2014
17:43 Jun 11, 2020
Jkt 250001
and Compliance’s AD and CVD
Centralized Electronic Service System
(ACCESS).13 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.
Preliminary and Final Results of the
Review
Commerce intends to publish in the
Federal Register a notice of the
preliminary results of these AD and
CVD changed circumstances reviews in
accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i), which will set forth
Commerce’s preliminary factual and
legal conclusions. Commerce will issue
its final results of these changed
circumstances reviews in accordance
with the time limits set forth in 19 CFR
351.216(e).
This initiation notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
Dated: June 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–12745 Filed 6–11–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness: Notice of Public
Meetings
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meetings.
AGENCY:
This notice sets forth the
schedule and proposed topics of
discussion for upcoming public
meetings of the Advisory Committee on
Supply Chain Competitiveness
(Committee).
DATES: The meetings will be held on
June 25, 2020, from 10:00 a.m. to 12:00
p.m. and 1:00 p.m. to 3:00 p.m., Eastern
Daylight Time (EDT).
ADDRESSES: The meetings will be held
via Webex.
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Office of Supply Chain,
Professional & Business Services
(OSCPBS), International Trade
Administration. Email: richard.boll@
trade.gov.
SUPPLEMENTARY INFORMATION:
Background: The Committee was
established under the discretionary
SUMMARY:
13 See
PO 00000
authority of the Secretary of Commerce
and in accordance with the Federal
Advisory Committee Act (5 U.S.C.
App.). It provides advice to the
Secretary of Commerce on the necessary
elements of a comprehensive policy
approach to supply chain
competitiveness and on regulatory
policies and programs and investment
priorities that affect the competitiveness
of U.S. supply chains. For more
information about the Committee visit:
https://www.trade.gov/acscc.
Matters To Be Considered: Committee
members are expected to continue to
discuss the major competitivenessrelated topics raised at the previous
Committee meetings, including trade
and competitiveness; freight movement
and policy; trade innovation; regulatory
issues; finance and infrastructure; and
workforce development. The
Committee’s subcommittees will report
on the status of their work regarding
these topics. The agenda may change to
accommodate other Committee
business. The Office of Supply Chain,
Professional & Business Services will
post the final detailed agenda on its
website, https://www.trade.gov/acscc, at
least one week prior to the meeting.
The meetings will be open to the
public and press on a first-come, firstserved basis. Space is limited. Please
contact Richard Boll, at richard.boll@
trade.gov, for participation information
if you wish to participate.
Interested parties may submit written
comments to the Committee at any time
before and after the meeting. Parties
wishing to submit written comments for
consideration by the Committee in
advance of this meeting email them to
richard.boll@trade.gov.
For consideration during the
meetings, and to ensure transmission to
the Committee prior to the meetings,
comments must be received no later
than 5:00 p.m. EST on June 18, 2020.
Comments received after June 18, 2020,
will be distributed to the Committee,
but may not be considered at the
meetings. The minutes of the meetings
will be posted on the Committee
website within 60 days of the meeting.
Eugene Alford,
Acting Director, Office of Supply Chain,
Professional and Business Services.
[FR Doc. 2020–12687 Filed 6–11–20; 8:45 am]
BILLING CODE 3510–DR–P
generally 19 CFR 351.303.
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Agencies
[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35902-35904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12745]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011]
Crystalline Silicon Photovoltaic Products From the People's
Republic of China: Notice of Initiation of Changed Circumstances
Reviews, and Consideration of Revocation of the Antidumping and
Countervailing Duty Orders in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Memory Experts Inc., dba
PowerTraveller (Memory Experts), the Department of Commerce (Commerce)
is initiating changed circumstances reviews to consider the possible
revocation, in part, of the antidumping duty (AD) and countervailing
duty (CVD) orders on crystalline silicon photovoltaic products from the
People's Republic of China (China) with respect to certain off-grid
portable small panels.
DATES: Applicable June 12, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, 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) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published AD and CVD orders on
certain crystalline silicon photovoltaic products from China.\1\ On
March 16, 2020, Memory Experts, an importer of the subject merchandise,
requested, through changed circumstances reviews, revocation of the
Solar Products Orders with respect to certain off-grid portable small
panels pursuant to section 751(b)(1) of the Tariff Act of 1930, as
[[Page 35903]]
amended (the Act) and 19 CFR 351.216(b).\2\ On April 13, 2020, Hanwha Q
CELL USA, Inc. (Q CELL USA) and SunPower Manufacturing Oregon, LLC
(SPMOR), U.S. producers of the domestic like product, submitted letters
stating that they did not oppose the partial revocation proposed by
Memory Experts.\3\ On April 21, 2020, we issued a letter to Memory
Experts noting that its changed circumstances reviews request lacked
certain information required for Commerce to consider the request.\4\
On May 1, 2020, Memory Experts amended its request for changed
circumstances reviews by providing the required information.\5\
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\1\ See Certain Crystalline Silicon Photovoltaic Products From
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Solar
Products Orders).
\2\ See Memory Experts' Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules From the
People's Republic of China; Memory Experts Inc., dba
PowerTraveller's Request for a Changed Circumstances Review,'' dated
March 16, 2020.
\3\ See Q CELL USA Inc.'s Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules From the
People's Republic of China; Hanwha Q CELL USA, Inc.'s Comments on
Memory Experts Inc.'s Request for a Changed Circumstances Review,''
dated April 13, 2020; see also SunPower Manufacturing Oregon, LLC's
Letter, ``Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China; SPMOR Comments on Memory Experts Inc.'s
Request for a Changed Circumstances Review,'' dated April 13, 2020.
\4\ See Commerce's Letter, ``Crystalline Silicon Photovoltaic
Products From the People's Republic of China: Supplemental
Questionnaire,'' dated April 21, 2020.
\5\ See Memory Experts' Letter, ``Supplemental Questionnaire
Response of Memory Experts Inc., dba PowerTraveller,'' dated May 1,
2020.
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Scope of the Solar Products Orders
The merchandise covered by these orders is modules, laminates and/
or panels consisting of crystalline silicon photovoltaic cells, whether
or not partially or fully assembled into other products, including
building integrated materials. For purposes of these orders, subject
merchandise includes modules, laminates and/or panels assembled in
China consisting of crystalline silicon photovoltaic cells produced in
a customs territory other than China.
Subject merchandise includes modules, laminates and/or panels
assembled in China consisting of crystalline silicon photovoltaic cells
of thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Excluded from the scope of 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 China, 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 China.\6\
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\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).
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Additionally, excluded from the scope of these orders are solar
panels that are: (1) Less than 300,000 mm2 in surface area; (2) less
than 27.1 watts in power; (3) coated across their entire surface with a
polyurethane doming resin; and (4) joined to a battery charging and
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box
that incorporates a light emitting diode (LED)) by coated wires that
include a connector to permit the incorporation of an extension cable.
The battery charging and maintaining unit utilizes high-frequency
triangular pulse waveforms designed to maintain and extend the life of
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available
under the registered trademark ``SolarPulse.''
Merchandise covered by these orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6015, 8541.40.6020, 8541.40.6030, 8541.40.6035
and 8501.31.8000. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of these
orders is dispositive.\7\
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\7\ See Solar Products Orders.
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Proposed Revocation of the Solar Products Orders
Memory Experts proposes that the Solar Products Orders be revoked,
in part, with respect to certain off-grid portable small panels.
Specifically, Memory Experts proposes revoking the Solar Products
Orders with respect to the solar panels described below:
(1) Off-grid crystalline silicon photovoltaic panels without a
glass cover with the following characteristics:
(a) Total power output of 500 watts or less per panel;
(b) Maximum surface area of 8,000 cm\2\ per panel;
(c) Unit does not include a built-in inverter;
(d) Unit has visible parallel grid collector metallic wire lines
every 2-40 millimeters across each solar panel (depending on model);
(e) Solar cells are encased in laminated frosted PET material
without stitching; \8\
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\8\ Although the polyester material has stitching on the
perimeter of the unit, the cells are not stitched into the PET
material.
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(f) The panel is encased in polyester fabric with visible
stitching which includes a Velcro-type storage pocket and unit
closure, or encased within a Neoprene clamshell (depending on
model);
(g) Includes LED indicator.
Initiation of Changed Circumstances Reviews, and Consideration of
Revocation of the Solar Products Orders in Part
Pursuant to section 751(b) of the Act, Commerce will conduct a
changed circumstances review upon receipt of a request from an
interested party \9\ that shows changed circumstances sufficient to
warrant a review of an order. In accordance with 19 CFR 351.216(d),
Commerce determines that the information submitted by Memory Experts,
and the domestic producers' affirmative statements of no interest in
the Solar Products Orders with respect to the products described by
Memory Experts, constitute a sufficient basis to conduct changed
circumstances reviews of the Solar Products Orders.
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\9\ Memory Experts reported in its March 16, 2020, request for
changed circumstances reviews that it is an importer of solar
panels. As such, Memory Experts is an interested party pursuant to
19 CFR 351.102(b)(29).
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic
[[Page 35904]]
like product have expressed a lack of interest in the order, in whole
or in part. In addition, in the event Commerce determines that
expedited action is warranted, 19 CFR 351.221(c)(3)(ii) permits
Commerce to combine the notices of initiation and preliminary results.
In its administrative practice, Commerce 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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The domestic producers state that they do not oppose the partial
revocation request; however, because neither domestic party indicated
whether it accounts for substantially all of the domestic production of
crystalline silicon photovoltaic products, we are not combining this
notice of initiation with a preliminary determination, pursuant to 19
CFR 351.221(c)(3)(ii), but will provide interested parties with an
opportunity to address the issue of domestic industry support with
respect to this requested partial revocation of the Solar Products
Orders, as explained below. After examining comments, if any,
concerning domestic industry support, we will issue the preliminary
results of these changed circumstances reviews.
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these changed circumstances reviews, including
comments on industry support and the proposed partial revocation
language. Comments and factual information may be submitted to Commerce
no later than ten days after the date of publication of this notice.
Rebuttal comments and rebuttal factual information may be filed with
Commerce no later than seven days after the comments and/or factual
information are filed.\11\ Note that Commerce has modified certain of
its requirements for serving documents containing business proprietary
information, until July 17, 2020, unless extended.\12\ All submissions
must be filed electronically using Enforcement and Compliance's AD and
CVD Centralized Electronic Service System (ACCESS).\13\ 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\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
\13\ See generally 19 CFR 351.303.
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Preliminary and Final Results of the Review
Commerce intends to publish in the Federal Register a notice of the
preliminary results of these AD and CVD changed circumstances reviews
in accordance with 19 CFR 351.221(b)(4) and (c)(3)(i), which will set
forth Commerce's preliminary factual and legal conclusions. Commerce
will issue its final results of these changed circumstances reviews in
accordance with the time limits set forth in 19 CFR 351.216(e).
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: June 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-12745 Filed 6-11-20; 8:45 am]
BILLING CODE 3510-DS-P