Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke Antidumping and Countervailing Duty Orders in Part, 54993-54996 [2020-19480]
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Notices
which extension requests must be filed
to be considered timely. This policy also
requires that an extension request must
be made in a separate, stand-alone
submission, and clarifies the
circumstances under which Commerce
will grant untimely-filed requests for the
extension of time limits. Please review
the Final Rule, available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/
html/2013-22853.htm, prior to
submitting factual information in these
segments.
These initiations and this notice are
in accordance with section 751(a) of the
Act (19 U.S.C. 1675(a)) and 19 CFR
351.221(c)(1)(i).
Dated: August 31, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–19504 Filed 9–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–042]
Stainless Steel Sheet and Strip from
the People’s Republic of China:
Rescission of Antidumping Duty
Administrative Review: 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on
stainless steel sheet and strip (SS sheet
and strip) from the People’s Republic of
China (China) for the period of review
(POR) April 1, 2019 through March 31,
2020, based on the timely withdrawal of
the request for review.
DATES: Applicable September 3, 2020.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala, AD/CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3945.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
AGENCY:
Background
On April 1, 2020, Commerce
published a notice of opportunity to
request an administrative review of the
AD order on SS sheet and strip from
China for the POR.1 On April 30, 2020,
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 85 FR 18191
(April 1, 2020).
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Commerce received a timely-filed
request from AK Steel Corporation;
Allegheny Ludlum, LLC d/b/a ATI Flat
Rolled Products; North American
Stainless; and Outokumpu Stainless
USA, LLC (collectively, the petitioners)
for an administrative review of 152
Chinese producers and/or exporters, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.213(b).2
On May 6, 2020, pursuant to this
request, and in accordance with section
751(a) of the Act and 19 CFR
351.221(c)(1)(i), Commerce published a
notice initiating an administrative
review of the antidumping duty order
on SS sheet and strip from China for 152
Chinese producers and/or exporters.3
On June 10, 2020, the petitioners timely
withdrew their request for an
administrative review for all 152
producers and/or exporters.4
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. The
petitioners withdrew their request for
review within the 90-day deadline.
Because Commerce received no other
requests for review, we are rescinding
the administrative review of the order
on SS sheet and strip from China
covering the April 1, 2019 through
March 31, 2020 POR, in its entirety, in
accordance with 19 CFR 351.213(d)(1).
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of SS sheet and strip from China.
Antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
2 See
Petitioners’ Letter, ‘‘Antidumping Duty
Order on Stainless Steel Sheet and Strip from the
People’s Republic of China—Petitioners’ Request
for Initiation of Third Administrative Review,’’
dated April 30, 2020.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
26931 (May 6, 2020).
4 See Petitioners’ Letter, ‘‘Antidumping Duty
Order on Stainless Steel Sheet and Strip from the
People’s Republic of China—Petitioners’
Withdrawal of Requests for Third Administrative
Review,’’ dated June 10, 2020.
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54993
date of publication of this notice in the
Federal Register.
Notification to Importers
This notice serves as the only
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of AD
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
presumption that reimbursement of AD
duties occurred and the subsequent
assessment of doubled AD duties.
Administrative Protective Orders
This notice also serves as a reminder
to all parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: August 28, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–19500 Filed 9–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010, C–570–011]
Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Preliminary Results of
Changed Circumstances Reviews, and
Intent To Revoke Antidumping and
Countervailing Duty Orders in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Maodi Solar Technology (Dongguan)
Co., Ltd. (Maodi Solar), the Department
of Commerce (Commerce) preliminarily
determines that the antidumping duty
(AD) and countervailing duty (CVD)
orders on crystalline silicon
photovoltaic products (solar products)
from the People’s Republic of China
AGENCY:
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Notices
(China) shall be revoked, in part, with
respect to certain off-grid portable small
panels. Commerce invites interested
parties to comment on these preliminary
results.
DATES: Applicable September 3, 2020.
FOR FURTHER INFORMATION CONTACT:
Kathryn Turlo, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3875.
SUPPLEMENTARY INFORMATION:
products, in the Initiation Notice we
invited interested parties to submit
comments regarding industry support
for the potential revocation, in part, as
well as comments and/or factual
information regarding the changed
circumstances reviews.6 On August 7,
2020, Maodi Solar submitted comments
stating that if Commerce receives no
comments regarding industry support or
no comments from the domestic
industry opposing the changed
circumstances reviews, revocation of the
Orders, in part, is warranted.7 We
received no other comments regarding
these changed circumstances reviews.
Background
Scope of the 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
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.
jbell on DSKJLSW7X2PROD with NOTICES
On February 18, 2015, Commerce
published AD and CVD orders on solar
products from China.1 On June 17, 2020,
Maodi Solar, an exporter of subject
merchandise, requested that Commerce
conduct changed circumstances reviews
to revoke the Orders with respect to
certain off-grid portable small panels,
pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(b).2 On July 13,
2020, SunPower Manufacturing Oregon,
LLC (SunPower), a domestic producer of
the domestic like product, submitted a
letter stating that it took no position
regarding the partial revocation
proposed by Maodi Solar.3 We received
no other comments regarding Maodi
Solar’s request.
On July 28, 2020, Commerce
published the Initiation Notice of the
requested changed circumstances
reviews.4 As we explained in the
Initiation Notice, we interpreted
SunPower’s statement of ‘‘no position’’
to mean that it does not oppose the
partial revocation request.5 However,
because SunPower did not indicate
whether it accounts for substantially all
of the domestic production of solar
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) (Orders).
2 See Maodi Solar’s Letter, ‘‘Certain Crystalline
Silicon Photovoltaic Products from the People’s
Republic of China (A–570–010; C–570–011): Maodi
Solar’s Request for Changed Circumstances
Review,’’ dated June 17, 2020 (Maodi Solar CCR
Request).
3 See SunPower’s Letter, ‘‘Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Comments on Maodi Solar’s Request for
Changed Circumstances Review,’’ dated July 13,
2020.
4 See 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, 85 FR
45373 (July 28, 2020) (Initiation Notice).
5 Id., 85 FR at 45375.
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6 Id. (inviting interested parties to submit
comments within ten days after publication and
submit rebuttal comments within seven days
thereafter).
7 See Maodi Solar’s Letter, ‘‘Certain Crystalline
Silicon Photovoltaic Products from the People’s
Republic of China (A–570–010; C–570–011): Maodi
Solar’s Comments on Initiation of Changed
Circumstances Review,’’ dated August 7, 2020
(Maodi Solar Comments).
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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 AD and CVD orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
laminates and/or panels, from China.8
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.9
Scope of Changed Circumstances
Reviews
Maodi Solar proposes that the Orders
be revoked, in part, with respect to
certain off-grid portable small panels.
Specifically, Maodi Solar proposes
revoking the Orders with respect to the
solar panels described below: 10
8 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); see also 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).
9 See the Orders.
10 See Maodi Solar CCR Request.
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(1) Off-grid CSPV panels in rigid form
with a glass cover, with the following
characteristics:
(A) A total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently
connected wire that terminates in a
male barrel connector, or, a two-port
rectangular connector with two pins in
square housings of different colors, or,
an Anderson connector;
(E) must be in individual retail
packaging (for purposes of this
provisions, retail packaging typically
includes graphics, the product name, its
description and/or features, and foam
for transport)
(2) Off-grid CSPV panels in rigid form
without a glass cover, with the
following characteristics:
(A) A total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) each panel is
1. permanently integrated into a
consumer good;
2. encased in a laminated material
without stitching, or
3. has all of the following
characteristics: (i) The panel is encased
in sewn fabric with visible stitching; (ii)
includes a storage pocket; and, (iii)
includes (a) a wire that terminates in a
female USB–A connector; or, (b) a
junction box which includes a female
USB–A connector.
Preliminary Results of Changed
Circumstances Review, and Intent To
Revoke the Orders in Part
Pursuant to section 751(d)(1) of the
Act, and 19 CFR 351.222(g), Commerce
may revoke an 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 Commerce 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) Commerce’s
regulations provides that Commerce
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 (1) producers
accounting for substantially all of the
production of the domestic like product
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to which the order pertains have
expressed a lack of interest in the relief
provided by the order, in whole or in
part; or (2) if other changed
circumstances sufficient to warrant
revocation exist. Both the Act and
Commerce’s regulations require that in
order for Commerce to revoke an order,
in whole or in part, ‘‘substantially all’’
domestic producers must express a lack
of interest in the order.11 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.12
Commerce’s regulations do not
specify a deadline for the issuance of
the preliminary results of a changed
circumstances review, but provide that
Commerce will issue the final results of
review within 270 days after the date on
which the changed circumstances
review is initiated.13 Commerce did not
issue a combined notice of initiation
and preliminary results because, as
discussed above, no party had indicated
whether SunPower accounts for
substantially all domestic production of
solar product.14 Thus, Commerce 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 solar products under
consideration here. Further, Commerce
requested that interested parties
comment on the issue of domestic
industry support for a potential partial
revocation of the Orders.15 As discussed
above, although Maodi Solar submitted
comments in response to the Initiation
Notice, it did not comment on whether
it or SunPower account for substantially
all domestic production of solar
products.16 Commerce therefore
received no comments on industry
support. As a result, we find that the
domestic industry has expressed no
opposition with respect to the proposed
revocation, in part, of the order.
As noted in the Initiation Notice,
Maodi Solar requested revocation of the
11 See
782(h) of the Act and 19 CFR 351.222(g).
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).
13 See 19 CFR 351.216(e).
14 See Initiation Notice.
15 Id.
16 See Maodi Solar Comments.
12 See,
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54995
Orders, in part, and supported its
request. In light of Maodi Solar’s
request, SunPower’s lack of comments
regarding the scope exclusion language
proposed by Maodi Solar, and the
absence of any comments from the
domestic industry otherwise opposing
these changed circumstances reviews,
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 the particular solar products
described above. We will consider
comments from interested parties on
these preliminary results before issuing
the final results of these reviews.
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: 17
Excluded from the scope of these
orders are:
(1) Off-grid CSPV panels in rigid form
with a glass cover, with the following
characteristics:
(A) A total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently
connected wire that terminates in a
male barrel connector, or, a two-port
rectangular connector with two pins in
square housings of different colors, or,
an Anderson connector;
(E) must be in individual retail
packaging (for purposes of this
provisions, retail packaging typically
includes graphics, the product name, its
description and/or features, and foam
for transport).
(2) Off-grid CSPV panels in rigid form
without a glass cover, with the
following characteristics:
(A) A total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) each panel is
1. permanently integrated into a
consumer good;
2. encased in a laminated material
without stitching, or
3. has all of the following
characteristics: (i) The panel is encased
in sewn fabric with visible stitching; (ii)
includes a storage pocket; and, (iii)
includes (a) a wire that terminates in a
female USB–A connector; or, (b) a
17 See
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Maodi Solar CCR Request.
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Notices
junction box which includes a female
USB–A connector.
If we make a final determination to
revoke the Orders in part, then
Commerce will apply this determination
to each order as follows. Because we
have completed administrative reviews
of the Orders, 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
Orders, and which are not covered by
automatic liquidation. The most
recently completed administrative
review of the AD order (A–570–010)
was completed on June 14, 2019, and
covered February 1, 2017 through
January 31, 2018.18 Therefore, under
this scenario, the partial revocation for
merchandise subject to the AD order
would be applied retroactively to
unliquidated entries of merchandise
entered or withdrawn from warehouse,
for consumption, on or after February 1,
2018. The most recently completed
administrative review of the CVD order
(C–570–011) was completed on October
23, 2019, and covered January 1, 2017
through December 31, 2017.19
Therefore, 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,
2018, as applicable.
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Public Comment
Interested parties are invited to
comment on these preliminary results in
accordance with 19 CFR
351.309(c)(1)(ii). Written comments may
be submitted no later than 14 days after
the date of publication of these
preliminary results. Rebuttals to written
comments, limited to issues raised in
such comments, may be filed no later
than seven days after the due date for
comments. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.20 All
submissions must be filed electronically
18 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China: Final
Results of Antidumping Duty Administrative
Review; 2017–2018, 84 FR 27764 (June 14, 2019).
19 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China: Final
Results of Countervailing Duty Administrative
Review; 2017, 84 FR 56765 (October 23, 2019).
20 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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using Enforcement and Compliance’s
AD and CVD Centralized Electronic
Service System (ACCESS).21 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.
Final Results of the Changed
Circumstances Reviews
Commerce intends to issue the final
results of these changed circumstances
reviews no later than 270 days after the
date on which these reviews were
initiated. If, in the final results of these
reviews, Commerce continues to
determine that changed circumstances
warrant the revocation of the Orders in
part, we will instruct U.S. Customs and
Border Protection (CBP) 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 completed administrative reviews 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.
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
Dated: August 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–19480 Filed 9–2–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Environmental Technologies Trade
Advisory Committee (ETTAC)
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of reestablishment of the
Environmental Technologies Trade
Advisory Committee (ETTAC) and
solicitation of nominations for
membership.
AGENCY:
Pursuant to provisions under
Title IV of the Jobs Through Trade
Expansion Act, and under the Federal
Advisory Committee Act, the
Department of Commerce announces the
SUMMARY:
21 See
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Frm 00020
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reestablishment of the Environmental
Technologies Trade Advisory
Committee (ETTAC), as of August 16,
2020. The ETTAC was first chartered on
May 31, 1994. The ETTAC serves as an
advisory body to the Environmental
Trade Working Group of the Trade
Promotion Coordinating Committee
(TPCC), reporting directly to the
Secretary of Commerce in his/her
capacity as Chairman of the TPCC. The
ETTAC advises on the development and
administration of policies and programs
to expand U.S. exports of environmental
technologies, goods, and services.
DATES: Nominations for membership
must be received on or before 4:00 p.m.
Eastern Daylight Time (EDT) on
September 30, 2020.
ADDRESSES: Please email nominations to
Amy Kreps, ETTAC Designated Federal
Officer, Office of Energy &
Environmental Industries, International
Trade Administration, U.S. Department
of Commerce, at amy.kreps@trade.gov.
Nominations must be submitted in
either Microsoft Word or PDF format.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Kreps, Office of Energy &
Environmental Industries, International
Trade Administration (Phone: 202–603–
4765; email: amy.kreps@trade.gov).
SUPPLEMENTARY INFORMATION:
Nominations: The Secretary of
Commerce invites nominations to the
ETTAC of U.S. citizens who will
represent U.S. environmental goods and
services companies that trade
internationally, or trade associations
and non-profit organizations whose
members include U.S. companies that
trade internationally. Companies must
be at least 51 percent owned by U.S.
persons. No member may represent a
company that is majority-owned or
controlled by a foreign government
entity or foreign government entities.
Membership in a committee operating
under the Federal Advisory Committee
Act must be balanced in terms of
economic subsector, geographic
location, and company size. Committee
members serve in a representative
capacity and must be able to generally
represent the views and interests of a
certain subsector of the U.S.
environmental industry. Candidates
should be senior executive-level
representatives from environmental
technology companies, trade
associations, and non-profit
organizations. Members of the ETTAC
must have experience in the exportation
of environmental goods and/or services,
including:
(1) Air pollution control and monitoring
technologies;
(2) Analytic devices and services;
E:\FR\FM\03SEN1.SGM
03SEN1
]]>Agencies
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Pages 54993-54996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19480]
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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: Preliminary Results of Changed Circumstances
Reviews, and Intent To Revoke Antidumping and Countervailing Duty
Orders in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Maodi Solar Technology (Dongguan) Co.,
Ltd. (Maodi Solar), the Department of Commerce (Commerce) preliminarily
determines that the antidumping duty (AD) and countervailing duty (CVD)
orders on crystalline silicon photovoltaic products (solar products)
from the People's Republic of China
[[Page 54994]]
(China) shall be revoked, in part, with respect to certain off-grid
portable small panels. Commerce invites interested parties to comment
on these preliminary results.
DATES: Applicable September 3, 2020.
FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3875.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published AD and CVD orders on solar
products from China.\1\ On June 17, 2020, Maodi Solar, an exporter of
subject merchandise, requested that Commerce conduct changed
circumstances reviews to revoke the Orders with respect to certain off-
grid portable small panels, pursuant to section 751(b)(1) of the Tariff
Act of 1930, as amended (the Act), and 19 CFR 351.216(b).\2\ On July
13, 2020, SunPower Manufacturing Oregon, LLC (SunPower), a domestic
producer of the domestic like product, submitted a letter stating that
it took no position regarding the partial revocation proposed by Maodi
Solar.\3\ We received no other comments regarding Maodi Solar's
request.
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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) (Orders).
\2\ See Maodi Solar's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China (A-570-
010; C-570-011): Maodi Solar's Request for Changed Circumstances
Review,'' dated June 17, 2020 (Maodi Solar CCR Request).
\3\ See SunPower's Letter, ``Crystalline Silicon Photovoltaic
Products from the People's Republic of China: Comments on Maodi
Solar's Request for Changed Circumstances Review,'' dated July 13,
2020.
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On July 28, 2020, Commerce published the Initiation Notice of the
requested changed circumstances reviews.\4\ As we explained in the
Initiation Notice, we interpreted SunPower's statement of ``no
position'' to mean that it does not oppose the partial revocation
request.\5\ However, because SunPower did not indicate whether it
accounts for substantially all of the domestic production of solar
products, in the Initiation Notice we invited interested parties to
submit comments regarding industry support for the potential
revocation, in part, as well as comments and/or factual information
regarding the changed circumstances reviews.\6\ On August 7, 2020,
Maodi Solar submitted comments stating that if Commerce receives no
comments regarding industry support or no comments from the domestic
industry opposing the changed circumstances reviews, revocation of the
Orders, in part, is warranted.\7\ We received no other comments
regarding these changed circumstances reviews.
---------------------------------------------------------------------------
\4\ See 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, 85 FR 45373
(July 28, 2020) (Initiation Notice).
\5\ Id., 85 FR at 45375.
\6\ Id. (inviting interested parties to submit comments within
ten days after publication and submit rebuttal comments within seven
days thereafter).
\7\ See Maodi Solar's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China (A-570-
010; C-570-011): Maodi Solar's Comments on Initiation of Changed
Circumstances Review,'' dated August 7, 2020 (Maodi Solar Comments).
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Scope of the 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 AD and CVD orders on crystalline
silicon photovoltaic cells, whether or not assembled into modules,
laminates and/or panels, from China.\8\
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\8\ 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); see also
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.\9\
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\9\ See the Orders.
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Scope of Changed Circumstances Reviews
Maodi Solar proposes that the Orders be revoked, in part, with
respect to certain off-grid portable small panels. Specifically, Maodi
Solar proposes revoking the Orders with respect to the solar panels
described below: \10\
---------------------------------------------------------------------------
\10\ See Maodi Solar CCR Request.
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[[Page 54995]]
(1) Off-grid CSPV panels in rigid form with a glass cover, with the
following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in a
male barrel connector, or, a two-port rectangular connector with two
pins in square housings of different colors, or, an Anderson connector;
(E) must be in individual retail packaging (for purposes of this
provisions, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport)
(2) Off-grid CSPV panels in rigid form without a glass cover, with
the following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) The panel is
encased in sewn fabric with visible stitching; (ii) includes a storage
pocket; and, (iii) includes (a) a wire that terminates in a female USB-
A connector; or, (b) a junction box which includes a female USB-A
connector.
Preliminary Results of Changed Circumstances Review, and Intent To
Revoke the Orders in Part
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an 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 Commerce 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)
Commerce's regulations provides that Commerce 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 (1) 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 (2) if other
changed circumstances sufficient to warrant revocation exist. Both the
Act and Commerce's regulations require that in order for Commerce to
revoke an order, in whole or in part, ``substantially all'' domestic
producers must express a lack of interest in the order.\11\ 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.\12\
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\11\ See 782(h) of the Act and 19 CFR 351.222(g).
\12\ 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).
---------------------------------------------------------------------------
Commerce's regulations do not specify a deadline for the issuance
of the preliminary results of a changed circumstances review, but
provide that Commerce will issue the final results of review within 270
days after the date on which the changed circumstances review is
initiated.\13\ Commerce did not issue a combined notice of initiation
and preliminary results because, as discussed above, no party had
indicated whether SunPower accounts for substantially all domestic
production of solar product.\14\ Thus, Commerce 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 solar products under
consideration here. Further, Commerce requested that interested parties
comment on the issue of domestic industry support for a potential
partial revocation of the Orders.\15\ As discussed above, although
Maodi Solar submitted comments in response to the Initiation Notice, it
did not comment on whether it or SunPower account for substantially all
domestic production of solar products.\16\ Commerce therefore received
no comments on industry support. As a result, we find that the domestic
industry has expressed no opposition with respect to the proposed
revocation, in part, of the order.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.216(e).
\14\ See Initiation Notice.
\15\ Id.
\16\ See Maodi Solar Comments.
---------------------------------------------------------------------------
As noted in the Initiation Notice, Maodi Solar requested revocation
of the Orders, in part, and supported its request. In light of Maodi
Solar's request, SunPower's lack of comments regarding the scope
exclusion language proposed by Maodi Solar, and the absence of any
comments from the domestic industry otherwise opposing these changed
circumstances reviews, 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 the particular solar
products described above. We will consider comments from interested
parties on these preliminary results before issuing the final results
of these reviews.
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: \17\
---------------------------------------------------------------------------
\17\ See Maodi Solar CCR Request.
---------------------------------------------------------------------------
Excluded from the scope of these orders are:
(1) Off-grid CSPV panels in rigid form with a glass cover, with the
following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in a
male barrel connector, or, a two-port rectangular connector with two
pins in square housings of different colors, or, an Anderson connector;
(E) must be in individual retail packaging (for purposes of this
provisions, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport).
(2) Off-grid CSPV panels in rigid form without a glass cover, with
the following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) The panel is
encased in sewn fabric with visible stitching; (ii) includes a storage
pocket; and, (iii) includes (a) a wire that terminates in a female USB-
A connector; or, (b) a
[[Page 54996]]
junction box which includes a female USB-A connector.
If we make a final determination to revoke the Orders in part, then
Commerce will apply this determination to each order as follows.
Because we have completed administrative reviews of the Orders, 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 Orders, and which are
not covered by automatic liquidation. The most recently completed
administrative review of the AD order (A-570-010) was completed on June
14, 2019, and covered February 1, 2017 through January 31, 2018.\18\
Therefore, under this scenario, the partial revocation for merchandise
subject to the AD order would be applied retroactively to unliquidated
entries of merchandise entered or withdrawn from warehouse, for
consumption, on or after February 1, 2018. The most recently completed
administrative review of the CVD order (C-570-011) was completed on
October 23, 2019, and covered January 1, 2017 through December 31,
2017.\19\ Therefore, 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, 2018, as applicable.
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\18\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 84 FR 27764 (June 14, 2019).
\19\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Final Results of Countervailing Duty
Administrative Review; 2017, 84 FR 56765 (October 23, 2019).
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Public Comment
Interested parties are invited to comment on these preliminary
results in accordance with 19 CFR 351.309(c)(1)(ii). Written comments
may be submitted no later than 14 days after the date of publication of
these preliminary results. Rebuttals to written comments, limited to
issues raised in such comments, may be filed no later than seven days
after the due date for comments. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\20\ All
submissions must be filed electronically using Enforcement and
Compliance's AD and CVD Centralized Electronic Service System
(ACCESS).\21\ 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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\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\21\ See generally 19 CFR 351.303.
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Final Results of the Changed Circumstances Reviews
Commerce intends to issue the final results of these changed
circumstances reviews no later than 270 days after the date on which
these reviews were initiated. If, in the final results of these
reviews, Commerce continues to determine that changed circumstances
warrant the revocation of the Orders in part, we will instruct U.S.
Customs and Border Protection (CBP) 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 completed administrative
reviews 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.
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: August 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-19480 Filed 9-2-20; 8:45 am]
BILLING CODE 3510-DS-P
