Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders in Part, 15914-15917 [2021-06186]

Download as PDF 15914 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices above de minimis (i.e., 0.5 percent) in the final results of this review, we will calculate importer-specific ad valorem antidumping duty assessment rates based on the ratio of the total amount of dumping calculated for the importer’s examined U.S. sales and, where possible, the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).19 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is avove de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For entries of subject merchandise during the POR produced by Husteel or Hyundai Steel for which they did not know that the merchandise was destined to the United States and for all entries attributed to HiSteel, for which we found no shipments during the POR, we will instruct CBP to liquidate those entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.20 For the companies that were not selected for individual examination, we will instruct CBP to assess antidumping duties at an ad valorem rate equal to each company’s weighted-average dumping margin determined in the final results of this review. Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements The following deposit requirements will be effective upon publication in the Federal Register of the notice of final results of administrative review for all shipments of CWP from Korea entered, 19 See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 2012). 20 For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 or withdrawn from warehouse, for consumption on or after the date of publication as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for companies subject to this review will be the rates established in the final results of this administrative review; (2) for merchandise exported by a company not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation but the producer is, then the cash deposit rate will be the rate established for the most recent period for the producer of the merchandise; (4) the cash deposit rate for all other producers or exporters will continue to be 4.80 percent,21 the all-others rate established in the lessthan-fair-value investigation. These cash deposit requirements, when imposed, shall remain in effect until further notice. Appendix II List of Companies Not Individually Examined 1. Aju Besteel 2. Bookook Steel 3. Chang Won Bending 4. Dae Ryung 5. Daewoo Shipbuilding & Marine Engineering (Dsme) 6. Daiduck Piping 7. Dong Yang Steel Pipe 8. Dongbu Steel 9. Eew Korea Company 10. Hyundai Rb 11. Kiduck Industries 12. Kum Kang Kind 13. Kumsoo Connecting 14. Miju Steel Mfg. 15. Nexteel Co., Ltd. 16. Samkang M&T 17. Seah Fs 18. Seah Steel 19. Steel Flower 20. Vesta Co., Ltd. 21. Ycp Co. [FR Doc. 2021–06198 Filed 3–24–21; 8:45 am] BILLING CODE 3510–DS–P Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Commerce is issuing and publishing the preliminary results of this review in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(4). Dated: March 19, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. DEPARTMENT OF COMMERCE International Trade Administration [A–570–010, C–570–011] Crystalline Silicon Photovoltaic Products From the People’s Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders in Part Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: The Department of Commerce (Commerce) is revoking, in part, the antidumping duty (AD) and countervailing duty (CVD) orders on crystalline silicon photovoltaic products from the People’s Republic of China (China) (Solar Products Orders) with respect to certain off-grid portable small panels. SUMMARY: Appendix I DATES: List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Affiliation VI. Discussion of the Methodology VII. Constructed Export Price VIII. Normal Value IX. Currency Conversion X. Recommendation FOR FURTHER INFORMATION CONTACT: 21 See PO 00000 Order. Frm 00038 Fmt 4703 Sfmt 4703 Applicable March 25, 2021. 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 E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices products from China.1 On March 16, 2020, Memory Experts Inc., dba PowerTraveller (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 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 June 5, 2020, Commerce initiated these changed circumstances reviews.4 Commerce invited interested parties to comment on, and submit factual information regarding, its initiation of changed circumstances reviews pertaining to the partial revocation of the Solar Products Orders with respect to certain off-grid portable small panels. Neither domestic party indicated whether it accounts for substantially all of the domestic production of crystalline silicon photovoltaic products; thus, Commerce solicited comments and/or factual information regarding these changed circumstances reviews, including comments on industry support and the proposed partial revocation language. In light of Memory Experts’ Request, Q CELL USA and SPMOR’s statement of lack of interest, and the absence of any interested party comments received during the comment period, on August 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). 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 (Memory Experts’ Request). 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 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 35902 (June 12, 2020) (Initiation Notice). VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 26, 2020, Commerce preliminarily found that producers accounting for substantially all of the domestic production of the products to which the Solar Products Orders pertain lack interest in the relief provided by those orders with respect to certain off-grid portable small panels and announced its intention to revoke, in part, the Solar Products Orders with respect to these products.5 On September 16, 2020, Memory Experts commented on Commerce’s preliminary results of these changed circumstances reviews.6 Memory Experts agrees with Commerce’s preliminary partial rescission of the Solar Products Orders with respect to certain off-grid portable small panels, and requests that Commerce apply the revocations retroactively to February 1, 2019, for the AD order and January 1, 2019, for the CVD order. No other interested parties filed comments. Final Results of Changed Circumstances Reviews and Revocation of the Solar Products Orders, in Part In light of Memory Experts’ Request, and Q CELL USA and SPMOR’s lack of interest in the Solar Products Orders covering the products under consideration, Commerce continues to find, pursuant to sections 751(d)(1) and 782(h) of the Act and 19 CFR 351.222(g), that changed circumstances exist that warrant revocation of the Solar Products Orders, in part. No interested party opposed this partial revocation. Moreover, no parties provided other information or evidence that calls into question the partial revocation described in Commerce’s Preliminary Results. Thus, Commerce is revoking, in part, the Solar Products Orders with respect to the following products: Off-grid crystalline silicon photovoltaic panels without a glass cover with the following characteristics: (1) Total power output of 500 watts or less per panel; (2) Maximum surface area of 8,000 cm2 per panel; (3) Unit does not include a built-in inverter; 5 See Crystalline Silicon Photovoltaic Products from the People’s Republic of China: Preliminary Results of Changed Circumstances Reviews, and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part, 85 FR 54534 (September 2, 2020) (Preliminary Results). 6 See Memory Expert’s Letter, ‘‘Certain Crystalline Silicon Photovoltaic Products from the People’s Republic of China; Memory Experts Inc., dba PowerTraveller’s Comments on Preliminary Results of Changed Circumstances Reviews and Consideration of Revocation of the Antidumping and Countervailing Duty Orders in Part,’’ dated September 16, 2020 (Memory Experts’ Comments). PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 15915 (4) Unit has visible parallel grid collector metallic wire lines every 2–40 millimeters across each solar panel (depending on model); (5) Solar cells are encased in laminated frosted PET material without stitching; 7 (6) 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); (7) Includes LED indicator. The scope description below includes this new exclusion. 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 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. 7 Although the polyester material has stitching on the perimeter of the unit, the cells are not stitched into the PET material. E:\FR\FM\25MRN1.SGM 25MRN1 15916 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices 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.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.’’ Also excluded from the scope of these orders are off-grid crystalline silicon photovoltaic panels without a glass cover with the following characteristics: (1) Total power output of 500 watts or less per panel; (2) maximum surface area of 8,000 cm2 per panel; (3) unit does not include a built-in inverter; (4) unit has visible parallel grid collector metallic wire lines every 2–40 millimeters across each solar panel (depending on model); (5) solar cells are encased in laminated frosted PET material without stitching; 9 (6) 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); and (7) includes LED indicator. 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, 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 Although the polyester material has stitching on the perimeter of the unit, the cells are not stitched into the PET material. VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 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.10 Application of the Final Results of These Reviews Memory Experts requested retroactive application of the final results of these reviews starting January 1, 2019, for purposes of the CVD proceeding, and February 1, 2019, for purposes of the AD proceeding.11 Section 751(d)(3) of the Act provides that ‘‘{a} determination under this section to revoke an order . . . shall apply with respect to unliquidated entries of the subject merchandise which are entered, or withdrawn from warehouse, for consumption on or after the date determined by the administering authority.’’ Commerce’s general practice is to instruct U.S. Customs and Border Protection (CBP) to liquidate without regard to antidumping and countervailing duties, and to refund any estimated antidumping and countervailing duties, on all unliquidated entries of the merchandise covered by a revocation that are not covered by the final results of an administrative review or automatic liquidation.12 Commerce can exercise its discretion and deviate from this general practice if the particular facts of a case have implications for the effective date of the partial revocation selected by Commerce.13 According to Memory 10 See Solar Products Orders. Experts’ Comments. 12 See, e.g., Certain Pasta from Italy: Final Results of Countervailing Duty Changed Circumstances Review and Revocation, In Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the United Kingdom: Notice of Final Results of Changed Circumstances Review and Revocation of Order, in Part, 72 FR 65706 (November 23, 2007); Notice of Final Results of Antidumping Duty Changed Circumstances Review and Revocation of Order In Part: Certain Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 66163 (November 13, 2006); Notice of Final Results of Antidumping Duty Changed Circumstances Reviews and Revocation of Orders in Part: Certain CorrosionResistant Carbon Steel Flat Products from Canada and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final Results of Antidumping Duty Changed Circumstances Review, and Determination to Revoke Order in Part: Certain Cased Pencils from the People’s Republic of China, 68 FR 62428 (November 4, 2003). 13 See section 751(d)(3) of the Act; Itochu Building Products v. United States, Court No. 11– 00208, Slip Op. 14–37 (CIT April 8, 2014) (Itochu Bldg. Prod) at 12 (‘‘The statutory provision, as discussed above, provides Commerce with discretion in the selection of the effective date for a partial revocation following a changed circumstances review, but that discretion may not be exercised arbitrarily so as to decide the question 11 Memory PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 Experts, effective dates no later than January 1, 2019, for the CVD proceeding and February 1, 2019, for the AD proceeding are appropriate because: (1) The statute and regulations only require that entries be unliquidated to be covered by a revocation; there is no requirement that the entries were not made during a period covered by a completed/rescinded administrative review; (2) Memory Experts requested these earlier effective dates; (3) Memory Experts requested these changed circumstances reviews before completion/rescission of the most recent administrative reviews of the Solar Products Orders; (4) earlier effective dates are supported by the domestic producers participating in these changed circumstances reviews; and (5) there are no administrability concerns with using earlier effective dates because sales of the products at issue during these earlier periods were not used in calculations in the most recent administrative reviews of the Solar Products Orders. We find, based on the facts in this case, that it is appropriate to apply this partial revocation retroactively to unliquidated entries on or after January 1, 2019, for the CVD order, and February 1, 2019, for the AD order. Commerce did not conduct, and thus did not issue final results of, administrative reviews for the periods beginning on January 1, 2019, for the CVD order and February 1, 2019 for the AD order. Also, Commerce had not yet issued any liquidation instructions for the review periods beginning on January 1, 2019, for the CVD order and February 1, 2019, for the AD order at the time that Memory Experts requested these changed circumstances reviews and the U.S. producers of the domestic like product informed Commerce that they did not oppose the proposed partial revocation. Accordingly, we are retroactively applying the partial revocation to unliquidated entries of merchandise subject to the Solar Products Orders that were entered or withdrawn from warehouse, for consumption, on or after January 1, 2019, for the CVD order, and February 1, 2019, for the AD order. Instructions to CBP Based on these final results, we intend to instruct CBP to liquidate without regard to countervailing and antidumping duties, and to refund any estimated countervailing and antidumping duties collected on, all unliquidated entries of the merchandise covered by the revocation effective presented without considering the relevant and competing considerations.’’) E:\FR\FM\25MRN1.SGM 25MRN1 Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 / Notices January 1, 2019, for the CVD order and February 1, 2019, for the AD order. Notification to Interested Parties This notice serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation. We are issuing and publishing these final results in accordance with sections 751(b) and 777(i) of the Act, as amended, and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222 Dated: March 12, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Scope of the Investigation The products covered by this investigation are mattresses from Turkey. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation’’ in Appendix I. [FR Doc. 2021–06186 Filed 3–24–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–489–841] Mattresses From the Republic of Turkey: Final Affirmative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of mattresses from the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation, January 1, 2019, through December 31, 2019. DATES: Applicable March 25, 2021. FOR FURTHER INFORMATION CONTACT: Jacob Keller, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4849. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 3, 2020, Commerce published in the Federal Register its preliminary affirmative determination in the LTFV investigation of mattresses VerDate Sep<11>2014 17:52 Mar 24, 2021 Jkt 253001 from Turkey, in which we also postponed the final determination until March 18, 2021.1 We invited interested parties to comment on the Preliminary Determination. A summary of the events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. Scope Comments In Commerce’s Preliminary Scope Decision Memorandum, we set aside a period of time for parties to raise issues regarding product coverage (i.e., scope) in scope case briefs or other written comments on scope issues.3 Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum, unchanged from the Initiation Notice.4 For a summary of the product coverage comments and 1 See Mattresses from the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 85 FR 69571 (November 3, 2020) (Preliminary Determination), and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Mattresses from the Republic of Turkey,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic of Turkey, the Socialist Republic of Vietnam, and the People’s Republic of China: Scope Comments Decision Memorandum for the Preliminary Determination,’’ dated October 27, 2020 (Preliminary Scope Decision Memorandum). 4 See Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic of Turkey, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 23002 (April 24, 2020) (Initiation Notice). PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 15917 rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Memorandum.5 In the Final Scope Memorandum, Commerce determined that it is not modifying the scope language as it appeared in the Initiation Notice. See the scope at Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice at Appendix II. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).6 Final Negative Determination of Critical Circumstances Commerce preliminarily determined that critical circumstances do not exist for BRN Yatak Baza Ev Tekstili Insaat Sanayi Ticaret A.S. (BRN) or with respect to all other producers/exporters. No parties submitted comments regarding our negative preliminary critical circumstances determination and the factual basis for the preliminary negative finding remains unchanged for this final determination. Therefore, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, Commerce finds that critical circumstances do not exist for BRN or all other producers/ exporters. For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weighted5 See Memorandum, ‘‘Mattresses from Cambodia, Indonesia, Malaysia, Serbia, Thailand, the Republic of Turkey, the Socialist Republic of Vietnam, and the People’s Republic of China: Final Scope Decision Memorandum,’’ dated concurrently with, and hereby adopted by, this notice (Final Scope Memorandum). 6 See Commerce’s Letter, Questionnaire in Lieu of Verification, dated November 30, 2020; see also BRN’s Letter, ‘‘Mattresses from the Republic of Turkey; Supplemental Response in Lieu of Verification,’’ dated December 7, 2020. E:\FR\FM\25MRN1.SGM 25MRN1

Agencies

[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
[Notices]
[Pages 15914-15917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06186]


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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: Final Results of Changed Circumstances Reviews, and 
Revocation of the Antidumping and Countervailing Duty Orders in Part

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

SUMMARY: The Department of Commerce (Commerce) is revoking, in part, 
the antidumping duty (AD) and countervailing duty (CVD) orders on 
crystalline silicon photovoltaic products from the People's Republic of 
China (China) (Solar Products Orders) with respect to certain off-grid 
portable small panels.

DATES: Applicable March 25, 2021.

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

[[Page 15915]]

products from China.\1\ On March 16, 2020, Memory Experts Inc., dba 
PowerTraveller (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 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\
---------------------------------------------------------------------------

    \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).
    \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 (Memory Experts' Request).
    \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.
---------------------------------------------------------------------------

    On June 5, 2020, Commerce initiated these changed circumstances 
reviews.\4\ Commerce invited interested parties to comment on, and 
submit factual information regarding, its initiation of changed 
circumstances reviews pertaining to the partial revocation of the Solar 
Products Orders with respect to certain off-grid portable small panels. 
Neither domestic party indicated whether it accounts for substantially 
all of the domestic production of crystalline silicon photovoltaic 
products; thus, Commerce solicited comments and/or factual information 
regarding these changed circumstances reviews, including comments on 
industry support and the proposed partial revocation language.
---------------------------------------------------------------------------

    \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 35902 
(June 12, 2020) (Initiation Notice).
---------------------------------------------------------------------------

    In light of Memory Experts' Request, Q CELL USA and SPMOR's 
statement of lack of interest, and the absence of any interested party 
comments received during the comment period, on August 26, 2020, 
Commerce preliminarily found that producers accounting for 
substantially all of the domestic production of the products to which 
the Solar Products Orders pertain lack interest in the relief provided 
by those orders with respect to certain off-grid portable small panels 
and announced its intention to revoke, in part, the Solar Products 
Orders with respect to these products.\5\
---------------------------------------------------------------------------

    \5\ See Crystalline Silicon Photovoltaic Products from the 
People's Republic of China: Preliminary Results of Changed 
Circumstances Reviews, and Consideration of Revocation of the 
Antidumping and Countervailing Duty Orders in Part, 85 FR 54534 
(September 2, 2020) (Preliminary Results).
---------------------------------------------------------------------------

    On September 16, 2020, Memory Experts commented on Commerce's 
preliminary results of these changed circumstances reviews.\6\ Memory 
Experts agrees with Commerce's preliminary partial rescission of the 
Solar Products Orders with respect to certain off-grid portable small 
panels, and requests that Commerce apply the revocations retroactively 
to February 1, 2019, for the AD order and January 1, 2019, for the CVD 
order. No other interested parties filed comments.
---------------------------------------------------------------------------

    \6\ See Memory Expert's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China; Memory 
Experts Inc., dba PowerTraveller's Comments on Preliminary Results 
of Changed Circumstances Reviews and Consideration of Revocation of 
the Antidumping and Countervailing Duty Orders in Part,'' dated 
September 16, 2020 (Memory Experts' Comments).
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Final Results of Changed Circumstances Reviews and Revocation of the 
Solar Products Orders, in Part

    In light of Memory Experts' Request, and Q CELL USA and SPMOR's 
lack of interest in the Solar Products Orders covering the products 
under consideration, Commerce continues to find, pursuant to sections 
751(d)(1) and 782(h) of the Act and 19 CFR 351.222(g), that changed 
circumstances exist that warrant revocation of the Solar Products 
Orders, in part. No interested party opposed this partial revocation. 
Moreover, no parties provided other information or evidence that calls 
into question the partial revocation described in Commerce's 
Preliminary Results.
    Thus, Commerce is revoking, in part, the Solar Products Orders with 
respect to the following products: Off-grid crystalline silicon 
photovoltaic panels without a glass cover with the following 
characteristics:

    (1) Total power output of 500 watts or less per panel;
    (2) Maximum surface area of 8,000 cm\2\ per panel;
    (3) Unit does not include a built-in inverter;
    (4) Unit has visible parallel grid collector metallic wire lines 
every 2-40 millimeters across each solar panel (depending on model);
    (5) Solar cells are encased in laminated frosted PET material 
without stitching; \7\
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    \7\ 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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    (6) 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);
    (7) Includes LED indicator.

    The scope description below includes this new exclusion.

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.

[[Page 15916]]

    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.\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 mm\2\ in surface area; (2) less 
than 27.1 watts in power; (3) coated across their entire surface with a 
polyurethane doming resin; and (4) joined to a battery charging and 
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box 
that incorporates a light emitting diode (LED)) by coated wires that 
include a connector to permit the incorporation of an extension cable. 
The battery charging and maintaining unit utilizes high-frequency 
triangular pulse waveforms designed to maintain and extend the life of 
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available 
under the registered trademark ``SolarPulse.''
    Also excluded from the scope of these orders are off-grid 
crystalline silicon photovoltaic panels without a glass cover with the 
following characteristics: (1) Total power output of 500 watts or less 
per panel; (2) maximum surface area of 8,000 cm\2\ per panel; (3) unit 
does not include a built-in inverter; (4) unit has visible parallel 
grid collector metallic wire lines every 2-40 millimeters across each 
solar panel (depending on model); (5) solar cells are encased in 
laminated frosted PET material without stitching; \9\ (6) 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); and (7) includes LED 
indicator.
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    \9\ 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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    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.\10\
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    \10\ See Solar Products Orders.
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Application of the Final Results of These Reviews

    Memory Experts requested retroactive application of the final 
results of these reviews starting January 1, 2019, for purposes of the 
CVD proceeding, and February 1, 2019, for purposes of the AD 
proceeding.\11\ Section 751(d)(3) of the Act provides that ``{a{time}  
determination under this section to revoke an order . . . shall apply 
with respect to unliquidated entries of the subject merchandise which 
are entered, or withdrawn from warehouse, for consumption on or after 
the date determined by the administering authority.'' Commerce's 
general practice is to instruct U.S. Customs and Border Protection 
(CBP) to liquidate without regard to antidumping and countervailing 
duties, and to refund any estimated antidumping and countervailing 
duties, on all unliquidated entries of the merchandise covered by a 
revocation that are not covered by the final results of an 
administrative review or automatic liquidation.\12\
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    \11\ Memory Experts' Comments.
    \12\ See, e.g., Certain Pasta from Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar from the 
United Kingdom: Notice of Final Results of Changed Circumstances 
Review and Revocation of Order, in Part, 72 FR 65706 (November 23, 
2007); Notice of Final Results of Antidumping Duty Changed 
Circumstances Review and Revocation of Order In Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 
66163 (November 13, 2006); Notice of Final Results of Antidumping 
Duty Changed Circumstances Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products from Canada 
and Germany, 71 FR 14498 (March 22, 2006); and Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, and 
Determination to Revoke Order in Part: Certain Cased Pencils from 
the People's Republic of China, 68 FR 62428 (November 4, 2003).
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    Commerce can exercise its discretion and deviate from this general 
practice if the particular facts of a case have implications for the 
effective date of the partial revocation selected by Commerce.\13\ 
According to Memory Experts, effective dates no later than January 1, 
2019, for the CVD proceeding and February 1, 2019, for the AD 
proceeding are appropriate because: (1) The statute and regulations 
only require that entries be unliquidated to be covered by a 
revocation; there is no requirement that the entries were not made 
during a period covered by a completed/rescinded administrative review; 
(2) Memory Experts requested these earlier effective dates; (3) Memory 
Experts requested these changed circumstances reviews before 
completion/rescission of the most recent administrative reviews of the 
Solar Products Orders; (4) earlier effective dates are supported by the 
domestic producers participating in these changed circumstances 
reviews; and (5) there are no administrability concerns with using 
earlier effective dates because sales of the products at issue during 
these earlier periods were not used in calculations in the most recent 
administrative reviews of the Solar Products Orders.
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    \13\ See section 751(d)(3) of the Act; Itochu Building Products 
v. United States, Court No. 11-00208, Slip Op. 14-37 (CIT April 8, 
2014) (Itochu Bldg. Prod) at 12 (``The statutory provision, as 
discussed above, provides Commerce with discretion in the selection 
of the effective date for a partial revocation following a changed 
circumstances review, but that discretion may not be exercised 
arbitrarily so as to decide the question presented without 
considering the relevant and competing considerations.'')
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    We find, based on the facts in this case, that it is appropriate to 
apply this partial revocation retroactively to unliquidated entries on 
or after January 1, 2019, for the CVD order, and February 1, 2019, for 
the AD order. Commerce did not conduct, and thus did not issue final 
results of, administrative reviews for the periods beginning on January 
1, 2019, for the CVD order and February 1, 2019 for the AD order. Also, 
Commerce had not yet issued any liquidation instructions for the review 
periods beginning on January 1, 2019, for the CVD order and February 1, 
2019, for the AD order at the time that Memory Experts requested these 
changed circumstances reviews and the U.S. producers of the domestic 
like product informed Commerce that they did not oppose the proposed 
partial revocation. Accordingly, we are retroactively applying the 
partial revocation to unliquidated entries of merchandise subject to 
the Solar Products Orders that were entered or withdrawn from 
warehouse, for consumption, on or after January 1, 2019, for the CVD 
order, and February 1, 2019, for the AD order.

Instructions to CBP

    Based on these final results, we intend to instruct CBP to 
liquidate without regard to countervailing and antidumping duties, and 
to refund any estimated countervailing and antidumping duties collected 
on, all unliquidated entries of the merchandise covered by the 
revocation effective

[[Page 15917]]

January 1, 2019, for the CVD order and February 1, 2019, for the AD 
order.

Notification to Interested Parties

    This notice serves as a final reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable violation.
    We are issuing and publishing these final results in accordance 
with sections 751(b) and 777(i) of the Act, as amended, and 19 CFR 
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222

    Dated: March 12, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-06186 Filed 3-24-21; 8:45 am]
BILLING CODE 3510-DS-P