Certain 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, 59043-59044 [2022-21129]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59043-59044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21129]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-010, C-570-011]


Certain 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

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

SUMMARY: Based on a request from Shenzhen Hello Tech Energy Co., Ltd. 
(Hello Tech), the U.S. Department of Commerce (Commerce) is initiating 
changed circumstances reviews (CCR) to consider the possible 
revocation, in part, of the antidumping duty (AD) and countervailing 
duty (CVD) orders on certain crystalline silicon photovoltaic products 
(solar products) from the People's Republic of China (China) with 
respect to certain off-grid small portable crystalline silicon 
photovoltaic (CSPV) panels as described below.

DATES: Applicable September 29, 2022.

FOR FURTHER INFORMATION CONTACT: Daniel Alexander, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4313.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2015, Commerce published the AD and CVD orders on 
solar products from China.\1\ On August 8, 2022, Hello Tech, a Chinese 
producer and exporter of subject merchandise, requested, through CCRs, 
revocation of the Orders, in part, with respect to 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\ Within Hello Tech's CCR request, 
Hello Tech included a letter from the American Alliance for Solar 
Manufacturing (the Alliance), a U.S. producer of the domestic like 
product and a petitioner in the underlying investigations, in which the 
Alliance stated that it did not oppose the partial revocation of the 
Orders proposed by Hello Tech.\3\ No interested parties filed comments 
opposing the CCR request.
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    \1\ See Certain Crystalline Silicon Photovoltaic Products from 
the People's Republic of China: Antidumping Duty Order; and Amended 
Final Affirmative Countervailing Duty Determination and 
Countervailing Duty Order, 80 Fr 8592 (February 18, 2015) (Orders).
    \2\ See Hello Tech's Letter, ``Certain Crystalline Silicon 
Photovoltaic Products from the People's Republic of China: Hello 
Tech's Resubmitted Request for Changed Circumstances Reviews,'' 
dated August 8, 2022 (CCR Request).
    \3\ Id. at Exhibit 7.
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Scope of the Orders

    The merchandise covered by these Orders is modules, laminates and/
or panels consisting of crystalline silicon photovoltaic cells, whether 
or not partially or fully assembled into other products, including 
building integrated materials. For purposes of these Orders, subject 
merchandise includes modules, laminates and/or panels assembled in 
China consisting of crystalline silicon photovoltaic cells produced in 
a customs territory other than China.
    Subject merchandise includes modules, laminates and/or panels 
assembled in China consisting of crystalline silicon photovoltaic cells 
of thickness equal to or greater than 20 micrometers, having a p/n 
junction formed by any means, whether or not the cell has undergone 
other processing, including, but not limited to, cleaning, etching, 
coating, and/or addition of 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 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 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.
    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.
    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

[[Page 59044]]

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; \4\ (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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    \4\ 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.

Proposed Partial Revocation of the Orders

    The products subject to the proposed revocation are off-grid 
portable small crystalline silicon photovoltaic panels, with or without 
a glass cover, with the following characteristics:
    (A) total power output of 200 watts or less per panel;
    (B) a maximum surface area of 16,000 cm2 per panel;
    (C) do not include a built-in inverter;
    (D) must include an integrated handle or a handle attached to the 
package for ease of carry;
    (E) must include one or more integrated kickstands for easy 
installation or angle adjustment; and
    (F) must include a wire of not less than 3 meters either 
permanently connected or attached to the package that terminates in an 
8mm diameter male barrel connector.

Initiation of CCRs and Consideration of Revocation of the Orders, in 
Part

    Pursuant to section 751(b) of the Act, when Commerce receives 
information concerning, or a request from an interested party \5\ for a 
review of, a final affirmative determination that resulted in an AD or 
CVD order, which shows changed circumstances sufficient to warrant a 
review of an order, Commerce shall conduct a changed circumstances 
review of the order.\6\ In accordance with 19 CFR 351.216(d), Commerce 
determines that the information submitted by Hello Tech, and the letter 
of no opposition to partial revocation of the Orders with respect to 
the products described by Hello Tech, constitute a sufficient basis to 
conduct CCRs of the Orders.\7\
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    \5\ Hello Tech stated in its August CCR Request that it is an 
exporter of solar panels. As such, Hello Tech is an interested party 
pursuant to section 771(9)(A) of the Act and 19 CFR 
351.102(b)(29)(i).
    \6\ See 19 CFR 351.216(d).
    \7\ See CCR Request at Exhibit 7.
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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.\8\
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    \8\ 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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    One domestic producer, the Alliance, stated that it does not object 
to the partial revocation of the Orders proposed by Hello Tech. 
However, because the Alliance 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 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 14 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.\9\ 
All submissions must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS).\10\ 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 requirements for serving documents 
containing business proprietary information, until further notice.\11\
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    \9\ Submissions of rebuttal factual information must comply with 
19 CFR 351.301(b)(2).
    \10\ See generally 19 CFR 351.303.
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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: September 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-21129 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P