Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 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, 16585-16587 [2021-06540]
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
jbell on DSKJLSW7X2PROD with NOTICES
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Varela’s
conviction for violating 18 U.S.C.
554(a), and has provided notice and
opportunity for Varela to make a written
submission to BIS, as provided in
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Varela.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Varela’s export
privileges under the Regulations for a
period of five years from the date of
Varela’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Varela had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
January 28, 2024, Luis Felipe Varela,
with a last known address of 4748 N.
Mesa Street, Apt. 245, El Paso, TX
79912, and when acting for or on his
behalf, his successors, assigns,
employees, agents or representatives
(‘‘the Denied Person’’), may not directly
or indirectly participate in any way in
any transaction involving any
commodity, software or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2020). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13, 222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826,
provides in pertinent part that all rules and
regulations that were made or issued under the
EAA, including as continued in effect pursuant to
IEEPA, and were in effect as of ECRA’s date of
enactment (August 13, 2018), shall continue in
effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA. See note 1 above.
3 The Director, Office of Export Enforcement, is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
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17:59 Mar 29, 2021
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storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Varela by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
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16585
Fourth, in accordance with Part 756 of
the Regulations, Varela may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Varela and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 28, 2024.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–06532 Filed 3–29–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979, C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, 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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Based on a request from
SOURCE Global, PBC (SOURCE Global),
the Department of Commerce
(Commerce) is initiating changed
circumstances reviews (CCRs) to
consider the possible revocation, in
part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules
(solar cells), from the People’s Republic
of China (China) with respect to certain
off-grid small portable crystalline
silicon photovoltaic (CSPV) panels.
SUMMARY:
DATES:
Applicable March 15, 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 December 7, 2012, Commerce
published AD and CVD orders on solar
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
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cells from China.1 On December 4, 2020,
SOURCE Global, an importer of the
subject merchandise, requested, through
CCRs, revocation of the Solar Cells
Orders with respect to certain off-grid
small portable CSPV panels, pursuant to
section 751(b)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.216(b).2 SOURCE Global requested
that Commerce apply the proposed
exclusion retroactively to the furthest
possible date.3 On January 15, 2021, we
notified SOURCE Global that its request
for CCRs lacked certain information that
was required in order for Commerce to
consider the request.4 On January 29,
2021, SOURCE Global amended its
request for CCRs by providing the
required information, including a letter
from SunPower Manufacturing Oregon
LLC (SPMOR), a U.S. producer of the
domestic like product and a petitioner
in the underlying investigations, in
which SPMOR stated that it did not
object to the scope modification
proposed by SOURCE Global.5 On
March 10, 2021, SOURCE Global
submitted an edited version of the
proposed exclusion language and
included a letter from SPMOR, in which
SPMOR stated that it did not object to
the scope modification proposed by
SOURCE Global.6
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012); 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) (collectively, Solar Cells Orders).
2 See SOURCE Global’s Letter, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules from the People’s
Republic of China; Request for Changed
Circumstances Review on Certain Off-Grid Portable
Small Panels and Consumer Products Containing
Such Panels,’’ dated December 4, 2020.
3 Id. at 13.
4 See Commerce’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from the People’s Republic of China:
Request for Additional Information,’’ dated January
15, 2021.
5 See SOURCE Global’s Letter, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules from the People’s
Republic of China; Changed Circumstances Review
on Certain Off-Grid Portable Small Panels and
Consumer Products Containing Such Panels;
SOURCE Global, PBC Response to Department of
Commerce Information Request,’’ dated January 29,
2021.
6 See SOURCE Global’s Letter, ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules from the People’s
Republic of China; SOURCE Global, PBC Changed
Circumstances Review Request; SOURCE Global,
PBC Submission of Edited Product Exclusion
Language,’’ dated March 10, 2021.
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17:59 Mar 29, 2021
Jkt 253001
Scope of the Cells Orders
The merchandise covered by these
orders is crystalline silicon photovoltaic
cells, and modules, laminates, and
panels, consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including, but not limited to,
modules, laminates, panels and building
integrated materials.
These orders covers crystalline silicon
photovoltaic cells of thickness equal to
or greater than 20 micrometers, having
a p/n junction formed by any means,
whether or not the cell has undergone
other processing, including, but not
limited to, cleaning, etching, coating,
and/or addition of materials (including,
but not limited to, metallization and
conductor patterns) to collect and
forward the electricity that is generated
by the cell.
Merchandise under consideration
may be described at the time of
importation as parts for final finished
products that are assembled after
importation, including, but not limited
to, modules, laminates, panels,
building-integrated modules, buildingintegrated panels, or other finished
goods kits. Such parts that otherwise
meet the definition of merchandise
under consideration are included in the
scope of these orders.
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 crystalline silicon
photovoltaic cells, not exceeding
10,000mm2 in surface area, that are
permanently integrated into a consumer
good whose function is other than
power generation and that consumes the
electricity generated by the integrated
crystalline silicon photovoltaic cell.
Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all cells that
are integrated into the consumer good.
Additionally, excluded from the
scope of the orders are panels with
surface area from 3,450 mm2 to 33,782
mm2 with one black wire and one red
wire (each of type 22 AWG or 24 AWG
not more than 206 mm in length when
measured from panel extrusion), and
not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
exclusion, no panel shall contain an
internal battery or external computer
peripheral ports.
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Also excluded from the scope of the
orders are:
1. Off grid CSPV panels in rigid form
with a glass cover, with the following
characteristics:
(A) A total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently
connected wire that terminates in either
an 8mm male barrel connector, or a twoport rectangular connector with two
pins in square housings of different
colors;
(E) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(F) must be in individual retail
packaging (for purposes of this
provision, retail packaging typically
includes graphics, the product name, its
description and/or features, and foam
for transport); and
2. Off grid CSPV panels without a
glass cover, with the following
characteristics:
(A) A total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a
consumer good;
2. encased in a laminated material
without stitching, or
3. has all of the following
characteristics: (i) The panel is encased
in sewn fabric with visible stitching, (ii)
includes a mesh zippered storage
pocket, and (iii) includes a permanently
attached wire that terminates in a
female USB–A connector.
Modules, laminates, and panels
produced in a third-country from cells
produced in China are covered by the
orders; however, modules, laminates,
and panels produced in China from
cells produced in a third-country are not
covered by these orders.
Merchandise covered by these orders
is currently classified in the
Harmonized Tariff System of the United
States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020,
8541.40.6030, and 8501.31.8000. These
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope of these
orders is dispositive.7
7 See
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Solar Cells Orders.
30MRN1
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
Proposed Partial Revocation of the
Solar Cells Order
SOURCE Global proposes that the
Solar Cells Orders be revoked, in part,
with respect to certain off-grid small
portable CSPV panels as described
below:
(1). Off-grid CSPV panels in rigid form
with a glass cover, with each of the following
physical characteristics, whether or not
assembled into a fully completed off-grid
hydropanel whose function is conversion of
water vapor into liquid water:
(A) A total power output of no more than
80 watts per panel;
(B) A surface area of less than 5,000 square
centimeters (cm2) per panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the edges
of the panel;
(E) Include a clear glass back panel; and
(F) Must include a permanently connected
wire that terminates in a two-port rectangular
connector.
jbell on DSKJLSW7X2PROD with NOTICES
Initiation of CCRs, and Consideration of
Revocation of the Solar Cells Orders, in
Part
Pursuant to section 751(b) of the Act,
Commerce will conduct a CCR upon
receipt of a request from an interested
party 8 that shows changed
circumstances sufficient to warrant a
review of an order. In accordance with
19 CFR 351.216(d), Commerce
determines that the information
submitted by SOURCE Global, and the
domestic producer’s affirmative
statement of no interest in the Solar
Cells Orders with respect to the
products described by SOURCE Global,
constitute a sufficient basis to conduct
CCRs of the Solar Cells Orders.
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in part.
In addition, in the event that Commerce
determines an expedited action is
warranted, 19 CFR 351.221(c)(3)(ii)
permits Commerce to combine the
notices of initiation and preliminary
results. In its administrative practice,
Commerce has interpreted
‘‘substantially all’’ to mean producers
accounting for at least 85 percent of the
total U.S. production of the domestic
like product covered by the order.9
8 SOURCE Global reported in its December 4,
2020, request for changed circumstances reviews
that it is an importer of certain off-grid small
portable CSPV panels. As such, SOURCE Global is
an interested party within the meaning of section
771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii).
9 See, e.g., Certain Cased Pencils From the
People’s Republic of China: Initiation and
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17:59 Mar 29, 2021
Jkt 253001
Domestic producer SPMOR stated that
it does not object to the scope
modification proposed by SOURCE
Global. However, because SPMOR did
not indicate whether it accounts for
substantially all of the U.S. production
of the domestic like product covered by
the orders, we are not combining this
notice of initiation with a preliminary
determination, pursuant to 19 CFR
351.221(c)(3)(ii). Rather, we will
provide interested parties with an
opportunity to address the issue of
domestic industry support with respect
to the partial revocation of the Solar
Cells Orders, as explained below. After
examining comments, if any, concerning
domestic industry support, we will
issue the preliminary results of these
CCRs.
Public Comment
Interested parties are invited to
provide comments and/or factual
information regarding these CCRs,
including comments on industry
support and the proposed partial
revocation language. Comments and
factual information may be submitted to
Commerce no later than ten days after
the date of publication of this notice.
Rebuttal comments and rebuttal factual
information may be filed with
Commerce no later than seven days after
the comments and/or factual
information are filed.10 All submissions
must be filed electronically using
Enforcement and Compliance’s AD and
CVD Centralized Electronic Service
System (ACCESS).11 An electronically
filed document must be received
successfully in its entirety by ACCESS,
by 5 p.m. Eastern Time on the due dates
set forth in this notice. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information until further
notice.12
Preliminary and Final Results of the
CCRs
Commerce intends to publish in the
Federal Register a notice of the
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent To Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils From the People’s Republic
of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination
To Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
10 Submissions of rebuttal factual information
must comply with 19 CFR 351.301(b)(2).
11 See generally 19 CFR 351.303.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
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Fmt 4703
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16587
preliminary results of these AD and
CVD CCRs in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i). Commerce
will set forth its preliminary factual and
legal conclusions in that notice. Unless
extended, Commerce will issue the final
results of these CCRs in accordance with
the time limits set forth in 19 CFR
351.216(e).
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–06540 Filed 3–29–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
North American Free Trade Agreement
(NAFTA), Article 1904 Binational Panel
Review: Notice of No Further
Proceedings
United States Section, NAFTA
Secretariat, International Trade
Administration, Department of
Commerce.
ACTION: Notice of No Further
Proceedings in the matter of Certain
Fabricated Structural Steel from Mexico;
Final Results of Antidumping Duty
Administrative Review (Secretariat File
Number: USA–MEX–2020–1904–01).
AGENCY:
In Building Systems de
Mexico, S.A. de C.V. v. United States,
476 F.Supp.3d 1401 (CIT, 2020) the
Court of International Trade held that
‘‘it has jurisdiction over this proceeding
because the requirements to request a
binational panel, and divest this court of
jurisdiction, have not been met.’’ See
also, Full Member Subgroup of
American Institute of Steel
Construction, LLC v. United States, 477
F.Supp.3d 1349 (CIT, 2020). Consistent
with these holdings, there are no further
proceedings for binational panel review
in Certain Fabricated Structural Steel
from Mexico AD (USA–MEX–2020–
1904–01).
FOR FURTHER INFORMATION CONTACT: Paul
E. Morris, United States Secretary,
NAFTA Secretariat, 1401 Constitution
Avenue NW, Washington, DC 20230,
202–482–5438.
SUPPLEMENTARY INFORMATION: Notice of
the Department of Commerce’s Final
Determination was published in the
Federal Register January 30, 2020 (85
FR 5390). In the event a party wished
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16585-16587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06540]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Notice of Initiation
of Changed Circumstances Reviews, and Consideration of Revocation of
the Antidumping and Countervailing Duty Orders in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from SOURCE Global, PBC (SOURCE Global),
the Department of Commerce (Commerce) is initiating changed
circumstances reviews (CCRs) to consider the possible revocation, in
part, of the antidumping duty (AD) and countervailing duty (CVD) orders
on crystalline silicon photovoltaic cells, whether or not assembled
into modules (solar cells), from the People's Republic of China (China)
with respect to certain off-grid small portable crystalline silicon
photovoltaic (CSPV) panels.
DATES: Applicable March 15, 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 December 7, 2012, Commerce published AD and CVD orders on solar
[[Page 16586]]
cells from China.\1\ On December 4, 2020, SOURCE Global, an importer of
the subject merchandise, requested, through CCRs, revocation of the
Solar Cells Orders with respect to certain off-grid small portable CSPV
panels, pursuant to section 751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216(b).\2\ SOURCE Global requested
that Commerce apply the proposed exclusion retroactively to the
furthest possible date.\3\ On January 15, 2021, we notified SOURCE
Global that its request for CCRs lacked certain information that was
required in order for Commerce to consider the request.\4\ On January
29, 2021, SOURCE Global amended its request for CCRs by providing the
required information, including a letter from SunPower Manufacturing
Oregon LLC (SPMOR), a U.S. producer of the domestic like product and a
petitioner in the underlying investigations, in which SPMOR stated that
it did not object to the scope modification proposed by SOURCE
Global.\5\ On March 10, 2021, SOURCE Global submitted an edited version
of the proposed exclusion language and included a letter from SPMOR, in
which SPMOR stated that it did not object to the scope modification
proposed by SOURCE Global.\6\
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); 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) (collectively, Solar
Cells Orders).
\2\ See SOURCE Global's Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from the
People's Republic of China; Request for Changed Circumstances Review
on Certain Off-Grid Portable Small Panels and Consumer Products
Containing Such Panels,'' dated December 4, 2020.
\3\ Id. at 13.
\4\ See Commerce's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules, from the People's
Republic of China: Request for Additional Information,'' dated
January 15, 2021.
\5\ See SOURCE Global's Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from the
People's Republic of China; Changed Circumstances Review on Certain
Off-Grid Portable Small Panels and Consumer Products Containing Such
Panels; SOURCE Global, PBC Response to Department of Commerce
Information Request,'' dated January 29, 2021.
\6\ See SOURCE Global's Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules from the
People's Republic of China; SOURCE Global, PBC Changed Circumstances
Review Request; SOURCE Global, PBC Submission of Edited Product
Exclusion Language,'' dated March 10, 2021.
---------------------------------------------------------------------------
Scope of the Cells Orders
The merchandise covered by these orders is crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including, but not limited to,
modules, laminates, panels and building integrated materials.
These orders covers crystalline silicon photovoltaic cells of
thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of these orders.
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 crystalline
silicon photovoltaic cells, not exceeding 10,000mm\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 cell. Where more
than one cell is permanently integrated into a consumer good, the
surface area for purposes of this exclusion shall be the total combined
surface area of all cells that are integrated into the consumer good.
Additionally, excluded from the scope of the orders are panels with
surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one
red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length
when measured from panel extrusion), and not exceeding 2.9 volts, 1.1
amps, and 3.19 watts. For the purposes of this exclusion, no panel
shall contain an internal battery or external computer peripheral
ports.
Also excluded from the scope of the orders are:
1. Off grid CSPV panels in rigid form with a glass cover, with the
following characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in
either an 8mm male barrel connector, or a two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics:
(A) A total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) The panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached wire
that terminates in a female USB-A connector.
Modules, laminates, and panels produced in a third-country from
cells produced in China are covered by the orders; however, modules,
laminates, and panels produced in China from cells produced in a third-
country are not covered by these orders.
Merchandise covered by these orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.
These HTSUS subheadings are provided for convenience and customs
purposes; the written description of the scope of these orders is
dispositive.\7\
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\7\ See Solar Cells Orders.
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[[Page 16587]]
Proposed Partial Revocation of the Solar Cells Order
SOURCE Global proposes that the Solar Cells Orders be revoked, in
part, with respect to certain off-grid small portable CSPV panels as
described below:
(1). Off-grid CSPV panels in rigid form with a glass cover, with
each of the following physical characteristics, whether or not
assembled into a fully completed off-grid hydropanel whose function
is conversion of water vapor into liquid water:
(A) A total power output of no more than 80 watts per panel;
(B) A surface area of less than 5,000 square centimeters (cm\2\)
per panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the edges of the panel;
(E) Include a clear glass back panel; and
(F) Must include a permanently connected wire that terminates in
a two-port rectangular connector.
Initiation of CCRs, and Consideration of Revocation of the Solar Cells
Orders, in Part
Pursuant to section 751(b) of the Act, Commerce will conduct a CCR
upon receipt of a request from an interested party \8\ that shows
changed circumstances sufficient to warrant a review of an order. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by SOURCE Global, and the domestic producer's
affirmative statement of no interest in the Solar Cells Orders with
respect to the products described by SOURCE Global, constitute a
sufficient basis to conduct CCRs of the Solar Cells Orders.
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\8\ SOURCE Global reported in its December 4, 2020, request for
changed circumstances reviews that it is an importer of certain off-
grid small portable CSPV panels. As such, SOURCE Global is an
interested party within the meaning of section 771(9)(A) of the Act
and 19 CFR 351.102(b)(29)(ii).
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In addition, in the event
that Commerce determines an expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits Commerce to combine the notices of initiation
and preliminary results. In its administrative practice, Commerce has
interpreted ``substantially all'' to mean producers accounting for at
least 85 percent of the total U.S. production of the domestic like
product covered by the order.\9\
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\9\ See, e.g., Certain Cased Pencils From the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils From
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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Domestic producer SPMOR stated that it does not object to the scope
modification proposed by SOURCE Global. However, because SPMOR did not
indicate whether it accounts for substantially all of the U.S.
production of the domestic like product covered by the orders, we are
not combining this notice of initiation with a preliminary
determination, pursuant to 19 CFR 351.221(c)(3)(ii). Rather, we will
provide interested parties with an opportunity to address the issue of
domestic industry support with respect to the partial revocation of the
Solar Cells Orders, as explained below. After examining comments, if
any, concerning domestic industry support, we will issue the
preliminary results of these CCRs.
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these CCRs, including comments on industry
support and the proposed partial revocation language. Comments and
factual information may be submitted to Commerce no later than ten days
after the date of publication of this notice. Rebuttal comments and
rebuttal factual information may be filed with Commerce no later than
seven days after the comments and/or factual information are filed.\10\
All submissions must be filed electronically using Enforcement and
Compliance's AD and CVD Centralized Electronic Service System
(ACCESS).\11\ An electronically filed document must be received
successfully in its entirety by ACCESS, by 5 p.m. Eastern Time on the
due dates set forth in this notice. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information until further notice.\12\
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\10\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2).
\11\ See generally 19 CFR 351.303.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020); and Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
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Preliminary and Final Results of the CCRs
Commerce intends to publish in the Federal Register a notice of the
preliminary results of these AD and CVD CCRs in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i). Commerce will set forth its preliminary
factual and legal conclusions in that notice. Unless extended, Commerce
will issue the final results of these CCRs in accordance with the time
limits set forth in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: March 15, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-06540 Filed 3-29-21; 8:45 am]
BILLING CODE 3510-DS-P