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]
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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).
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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
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Order.
Frm 00038
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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
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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).
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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
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(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.
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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.
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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
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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.’’)
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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
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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).
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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\
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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).
\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.
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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.
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\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).
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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\
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\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).
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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.
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\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