Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part, 71615-71617 [2021-27326]

Download as PDF Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Notices to the application of Supermel’s G&A and interest expenses.6 For a detailed discussion of the aforementioned ministerial error allegation, as well as Commerce’s analysis of Supermel’s comments, see the Ministerial Error Memorandum. Pursuant to 19 CFR 351.224(g)(1), Commerce’s failure to apply Supermel’s G&A and interest expenses is significant because its correction results in a change of at least five absolute percentage points in, but not less than 25 percent of, the estimated weightedaverage dumping margin calculated in the Preliminary Determination (i.e., a change from an estimated weightedaverage dumping margin of 29.61 percent to 10.52 percent). Therefore, we are correcting the ministerial error and amending our Preliminary Determination accordingly.7 Amended Preliminary Determination We are amending the Preliminary Determination to reflect the correction of a significant ministerial error made in the margin calculation for Supermel in accordance with 19 CFR 351.224(e). In addition, because the preliminary allothers rate was based, in part, on the estimated weighted-average dumping margin calculated for Supermel, we are also amending the all-others rate.8 As a result of the correction of the ministerial error, the revised estimated weightedaverage dumping margin for Supermel and the revised all-others rate are as follows: Estimated weightedaverage dumping margin (percent) Exporter/producer jspears on DSK121TN23PROD with NOTICES1 Apia´rio Diamante Comercial Exportadora Ltda/Apia´rio Diamante Produc¸a˜o e Comercial de Mel Ltda 9 ......... All Others .................................... 10.52 9.38 6 See Memorandum, ‘‘Antidumping Duty Investigation of Raw Honey from Brazil: Allegation of a Ministerial Error in the Preliminary Determination,’’ dated concurrently with this notice (Ministerial Error Memorandum). 7 Id. 8 In the Preliminary Determination, the rate calculated for the other mandatory respondent, Melbras Importadora E Exportadora Agroindustrial Ltda., was 7.89 percent. This rate was used along with Supermel’s amended preliminary rate to establish the amended all-others rate, 9.38 percent. See Memorandum, ‘‘Less-Than-Fair-Value Investigation of Raw Honey from Brazil: Amended Calculation of All-Others Rate,’’ dated concurrently with this notice. VerDate Sep<11>2014 17:39 Dec 16, 2021 Jkt 256001 Amended Cash Deposits and Suspension of Liquidation The collection of cash deposits and suspension of liquidation will be revised according to the rates established in this amended preliminary determination, in accordance with section 733(d) of the Tariff Act of 1930, as amended (the Act). Because these amended rates result in reduced cash deposit rates, they will be effective retroactively to November 23, 2021, the date of publication of the Preliminary Determination. International Trade Commission Notification In accordance with section 733(f) of the Act, we intend to notify the International Trade Commission of our amended preliminary determination. 71615 purposes, the written description of the scope of this investigation is dispositive. [FR Doc. 2021–27375 Filed 12–16–21; 8:45 am] BILLING CODE 3510–DS–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: Final Results of Changed Circumstances Reviews, and Revocation of the Antidumping and Countervailing Duty Orders, in Part Dated: December 10, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of The Assistant Secretary for Enforcement and Compliance. 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 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 December 17, 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: Appendix—Scope of the Investigation Background The merchandise covered by this investigation is raw honey. Raw honey is honey as it exists in the beehive or as obtained by extraction, settling and skimming, or coarse straining. Raw honey has not been filtered to a level that results in the removal of most or all of the pollen, e.g., a level that removes pollen to below 25 microns. The subject products include all grades, floral sources and colors of raw honey and also include organic raw honey. Excluded from the scope is any honey that is packaged for retail sale (e.g., in bottles or other retail containers of five (5) lbs. or less). The merchandise subject to this investigation is currently classifiable under statistical subheading 0409.00.0005, 0409.00.0035, 0409.00.0045, 0409.00.0056, and 0409.00.0065 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs On December 7, 2012, Commerce published the AD and CVD orders on solar cells from China.1 On December 4, 2020, SOURCE Global, PBC (SOURCE Global), a U.S. importer of subject merchandise, requested, through changed circumstances reviews (CCRs), revocation of the 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 Disclosure We intend to disclose the calculations performed to parties in this proceeding within five days after public announcement of the amended preliminary determination, in accordance with 19 CFR 351.224. Notification to Interested Parties This amended preliminary determination is issued and published in accordance with sections 733(f) and 777(i) of the Act, and 19 CFR 351.224(e). 9 As discussed in the Preliminary Determination and the Single Entity Memorandum, we have determined that Apia´rio Diamante Comercial Exportadora Ltda and Apia´rio Diamante Produc ¸a˜o e Comercial de Mel Ltda are affiliated and should be treated as a single entity. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 AGENCY: 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) (AD Order); 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) (CVD Order) (collectively, Orders). 2 See SOURCE Global’s Letter, ‘‘Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the People’s E:\FR\FM\17DEN1.SGM Continued 17DEN1 71616 Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Notices On March 15, 2021, Commerce initiated the requested CCRs.3 In the Initiation Notice, we invited interested parties to provide comments and/or factual information regarding these CCRs, including comments on industry support and the proposed partial revocation language. We received no comments or factual information. On June 23, 2021, Commerce published notice of the preliminary results of these CCRs of the Orders and its intent to revoke the Orders, pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(b), with respect to certain offgrid small portable CSPV panels.4 We invited interested parties to comment on the Preliminary Results. On July 12, 2021, Commerce received comments from SOURCE Global.5 Final Results of Changed Circumstances Reviews and Revocation of the Orders, in Part jspears on DSK121TN23PROD with NOTICES1 In its comments, SOURCE Global agreed with, and supported, Commerce’s Preliminary Results and requested that Commerce apply the revocation to the earliest possible date.6 Because no party submitted comments opposing the preliminary results of these CCRs, and the record contains no other information or evidence that calls into question the Preliminary Results, Commerce determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g), that there are changed circumstances that warrant revocation of the Orders, in part. Specifically, because the producers accounting for substantially all of the production of the domestic like product to which the Orders pertain have not expressed interest in maintaining the relief provided by the Orders with respect to the off-grid small portable 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 See 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, 86 FR 16585 (March 30, 2021) (Initiation Notice). 4 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People’s Republic of China: Preliminary Results of Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, 86 FR 33982 (June 28, 2021) (Preliminary Results). 5 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 Comments on Preliminary Results of Reviews,’’ dated July 12, 2021 (SOURCE Global’s Comments). 6 Id. at 4. VerDate Sep<11>2014 17:39 Dec 16, 2021 Jkt 256001 CSPV panels, as described below, Commerce is revoking the Orders, in part, with respect to the following offgrid small portable CSPV panels: 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. The scope description will henceforth include the exclusion language articulated above. Scope of the Orders The merchandise covered by the 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. The Orders cover 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 the Orders. Excluded from the scope of the 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 the Orders are crystalline silicon photovoltaic cells, not exceeding 10,000 mm2 in surface area, that are permanently integrated into a consumer PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 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. In addition, the following CSPV panels are excluded from the scope of the Orders: Off-grid CSPV panels in rigid form with a glass cover, with each of the following physical characteristics, E:\FR\FM\17DEN1.SGM 17DEN1 Federal Register / Vol. 86, No. 240 / Friday, December 17, 2021 / Notices 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. jspears on DSK121TN23PROD with NOTICES1 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 the Orders. Merchandise covered by the 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 the Orders is dispositive.7 Application of the Final Results of Reviews SOURCE Global requested that Commerce apply the final results of these reviews to ‘‘all unliquidated entries of the merchandise covered by the revocation that are not covered by the final results of an administrative review or automatic liquidation instruction.’’ 8 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.9 7 See Solar Cells Orders. SOURCE Global’s Comments at 5. 9 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 8 See VerDate Sep<11>2014 17:39 Dec 16, 2021 Jkt 256001 Consistent with this practice, we are applying the final results of these CCRs to all unliquidated entries of the merchandise covered by the revocations which have been entered, or withdrawn from warehouse, for consumption on or after December 1, 2020, for the AD Order, and January 1, 2020, for the CVD Order. These are the beginning dates of the earliest periods of review not covered by the final results of an administrative review or automatic liquidation instructions (i.e., December 1, 2020 through November 30, 2021 for the AD Order and January 1, 2020 through December 31, 2020 for the CVD Order). Instructions to CBP Because we determine that there are changed circumstances that warrant the revocation of the Orders, in part, we will instruct 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 this partial revocation on or after December 1, 2020, for purposes of the AD Order and January 1, 2020, for purposes of the CVD Order. Commerce intends to issue instructions to CBP no earlier than 35 days after the date of publication of these final results of CCRs in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the 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). Notification to Interested Parties This notice serves as a 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 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). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 71617 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 of CCRs in accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222. Dated: December 10, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–27326 Filed 12–16–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Limitation of Duty-Free Imports of Apparel Articles Assembled in Haiti Under the Caribbean Basin Economic Recovery Act (CBERA), as Amended by the Haitian Hemispheric Opportunity Through Partnership Encouragement Act (HOPE) International Trade Administration, Department of Commerce. ACTION: Notification of annual quantitative limit on imports of certain apparel from Haiti. AGENCY: CBERA, as amended, provides duty-free treatment for certain apparel articles imported directly from Haiti. One of the preferences is known as the ‘‘value-added’’ provision, which requires that apparel meet a minimum threshold percentage of value added in Haiti, the United States, and/or certain beneficiary countries. The provision is subject to a quantitative limitation, which is calculated as a percentage of total apparel imports into the United States for each 12-month period. For the period from December 20, 2021 through December 19, 2022, the quantity of imports eligible for preferential treatment under the value-added provision is 367,770,223 square meters equivalent. DATES: The new limitations become effective December 20, 2021. FOR FURTHER INFORMATION CONTACT: Laurie Mease, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–2043. SUPPLEMENTARY INFORMATION: Authority: Section 213A of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703a) (‘‘CBERA’’), as amended; and as implemented by SUMMARY: E:\FR\FM\17DEN1.SGM 17DEN1

Agencies

[Federal Register Volume 86, Number 240 (Friday, December 17, 2021)]
[Notices]
[Pages 71615-71617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27326]


-----------------------------------------------------------------------

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: 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 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 December 17, 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 the AD and CVD orders on 
solar cells from China.\1\ On December 4, 2020, SOURCE Global, PBC 
(SOURCE Global), a U.S. importer of subject merchandise, requested, 
through changed circumstances reviews (CCRs), revocation of the 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\
---------------------------------------------------------------------------

    \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) (AD Order); 
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) (CVD 
Order) (collectively, 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.

---------------------------------------------------------------------------

[[Page 71616]]

    On March 15, 2021, Commerce initiated the requested CCRs.\3\ In the 
Initiation Notice, we invited interested parties to provide comments 
and/or factual information regarding these CCRs, including comments on 
industry support and the proposed partial revocation language. We 
received no comments or factual information. On June 23, 2021, Commerce 
published notice of the preliminary results of these CCRs of the Orders 
and its intent to revoke the Orders, pursuant to section 751(b)(1) of 
the Act and 19 CFR 351.216(b), with respect to certain off-grid small 
portable CSPV panels.\4\ We invited interested parties to comment on 
the Preliminary Results. On July 12, 2021, Commerce received comments 
from SOURCE Global.\5\
---------------------------------------------------------------------------

    \3\ See 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, 86 FR 16585 (March 30, 2021) (Initiation Notice).
    \4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: 
Preliminary Results of Changed Circumstances Reviews, and Intent To 
Revoke the Antidumping and Countervailing Duty Orders, in Part, 86 
FR 33982 (June 28, 2021) (Preliminary Results).
    \5\ 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 Comments on Preliminary Results 
of Reviews,'' dated July 12, 2021 (SOURCE Global's Comments).
---------------------------------------------------------------------------

Final Results of Changed Circumstances Reviews and Revocation of the 
Orders, in Part

    In its comments, SOURCE Global agreed with, and supported, 
Commerce's Preliminary Results and requested that Commerce apply the 
revocation to the earliest possible date.\6\ Because no party submitted 
comments opposing the preliminary results of these CCRs, and the record 
contains no other information or evidence that calls into question the 
Preliminary Results, Commerce determines, pursuant to sections 
751(d)(1) and 782(h) of the Act, and 19 CFR 351.222(g), that there are 
changed circumstances that warrant revocation of the Orders, in part. 
Specifically, because the producers accounting for substantially all of 
the production of the domestic like product to which the Orders pertain 
have not expressed interest in maintaining the relief provided by the 
Orders with respect to the off-grid small portable CSPV panels, as 
described below, Commerce is revoking the Orders, in part, with respect 
to the following off-grid small portable CSPV panels:
---------------------------------------------------------------------------

    \6\ Id. at 4.

    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.

The scope description will henceforth include the exclusion language 
articulated above.

Scope of the Orders

    The merchandise covered by the 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.
    The Orders cover 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 the Orders.
    Excluded from the scope of the 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 the Orders are 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 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 cm\2\ 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 cm\2\ 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.

    In addition, the following CSPV panels are excluded from the scope 
of the Orders:
    Off-grid CSPV panels in rigid form with a glass cover, with each of 
the following physical characteristics,

[[Page 71617]]

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.

    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 the Orders.
    Merchandise covered by the 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 the Orders is 
dispositive.\7\
---------------------------------------------------------------------------

    \7\ See Solar Cells Orders.
---------------------------------------------------------------------------

Application of the Final Results of Reviews

    SOURCE Global requested that Commerce apply the final results of 
these reviews to ``all unliquidated entries of the merchandise covered 
by the revocation that are not covered by the final results of an 
administrative review or automatic liquidation instruction.'' \8\ 
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.\9\
---------------------------------------------------------------------------

    \8\ See SOURCE Global's Comments at 5.
    \9\ 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).
---------------------------------------------------------------------------

    Consistent with this practice, we are applying the final results of 
these CCRs to all unliquidated entries of the merchandise covered by 
the revocations which have been entered, or withdrawn from warehouse, 
for consumption on or after December 1, 2020, for the AD Order, and 
January 1, 2020, for the CVD Order. These are the beginning dates of 
the earliest periods of review not covered by the final results of an 
administrative review or automatic liquidation instructions (i.e., 
December 1, 2020 through November 30, 2021 for the AD Order and January 
1, 2020 through December 31, 2020 for the CVD Order).

Instructions to CBP

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, we will instruct 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 this partial 
revocation on or after December 1, 2020, for purposes of the AD Order 
and January 1, 2020, for purposes of the CVD Order.
    Commerce intends to issue instructions to CBP no earlier than 35 
days after the date of publication of these final results of CCRs in 
the Federal Register. If a timely summons is filed at the U.S. Court of 
International Trade, the 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).

Notification to Interested Parties

    This notice serves as a 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 of CCRs in 
accordance with sections 751(b) and 777(i) of the Act, and 19 CFR 
351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.

    Dated: December 10, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-27326 Filed 12-16-21; 8:45 am]
BILLING CODE 3510-DS-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.