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, 59052-59054 [2022-21155]
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59052
Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
the date, time, and location of the
hearing two days before the scheduled
date.
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of any analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Notification to Importers
This notice also serves as a 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 doubled antidumping duties.
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
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 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:
SUMMARY:
Background
[FR Doc. 2022–21130 Filed 9–28–22; 8:45 am]
On December 7, 2012, Commerce
published the AD and CVD orders on
solar cells 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.
BILLING CODE 3510–DS–P
Scope of the Orders
Notification to Interested Parties
We are issuing and publishing these
results in accordance with section
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: September 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
The merchandise covered by these
Orders is crystalline silicon
photovoltaic cells, and modules,
DEPARTMENT OF COMMERCE
International Trade Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[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:
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17:52 Sep 28, 2022
Jkt 256001
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, Orders).
2 See Hello Tech’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules 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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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 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 10,000mm2 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.
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:
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(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.
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,
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 twoport 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
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17:52 Sep 28, 2022
Jkt 256001
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.4
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
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
4 See
Orders.
Tech stated in its 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.
5 Hello
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59053
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
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 fourteen 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.
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).
9 Submissions of rebuttal factual information
must comply with 19 CFR 351.301(b)(2).
10 See generally 19 CFR 351.303.
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59054
Federal Register / Vol. 87, No. 188 / Thursday, September 29, 2022 / Notices
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
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. 2022–21155 Filed 9–28–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–357–824]
Oil Country Tubular Goods From
Argentina: 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 U.S. Department of
Commerce (Commerce) determines that
imports of oil country tubular goods
(OCTG) from Argentina are being, or are
likely to be, sold in the United States at
less than fair value (LTFV) during the
period of investigation, October 1, 2020,
through September 30, 2021.
DATES: Applicable September 29, 2022.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov, 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) 482–0665.
khammond on DSKJM1Z7X2PROD with NOTICES
AGENCY:
11 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:52 Sep 28, 2022
Jkt 256001
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2022, Commerce
published in the Federal Register its
preliminary affirmative determination
in the LTFV investigation of OCTG from
Argentina, in which it also postponed
the final determination until September
23, 2022.1 We invited interested parties
to comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination may be found in the
Issues and Decision Memorandum.2
Commerce performed virtual
verifications of the cost of production
response, home market and U.S. sales
responses, as well as a furthermanufacturing cost response.3
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received, we made certain
changes to the margin calculations for
this final determination. For a
discussion of these changes, see the
‘‘Changes from the Preliminary
Determination’’ section of the Issues and
Decision Memorandum.
Scope of the Investigation
The product covered by this
investigation is OCTG from Argentina.
For a complete description of the scope
of this investigation, see appendix I.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
Analysis of Comments Received
to the weighted average of the estimated
All issues raised in the case and
weighted-average dumping margins
rebuttal briefs that were submitted by
established for exporters and producers
parties in this investigation are
individually investigated excluding
addressed in the Issues and Decision
rates that are zero, de minimis, or
Memorandum. A list of the issues
determined entirely under section 776
addressed in the Issues and Decision
of the Act (i.e., facts otherwise
Memorandum is attached to this notice
available). Commerce calculated an
at appendix II. The Issues and Decision
individual estimated weighted-average
Memorandum is a public document and
dumping margin for Siderca S.A.I.C.
is on file electronically via Enforcement
(Siderca), the only individually
and Compliance’s Antidumping and
examined producer or exporter in this
Countervailing Duty Centralized
investigation. Because the only
Electronic Service System (ACCESS).
individually calculated estimated
ACCESS is available to registered users
weighted-average dumping margin is
at https://access.trade.gov. In addition, a
not zero, de minimis, or based entirely
complete version of the Issues and
on facts otherwise available, the
Decision Memorandum can be accessed
estimated weighted-average dumping
directly at https://access.trade.gov/
margin calculated for all other
public/FRNoticesListLayout.aspx.
producers and/or exporters is equal to
the estimated weighted-average
Verification
Commerce was unable to conduct on- dumping margin calculated for the
single examined respondent, Siderca,
site verification of the information
pursuant to section 735(c)(5)(A) of the
relied upon in making its final
Act.
determination in this investigation.
However, in June 2022, we took
Final Negative Determination of
additional steps in lieu of on-site
Critical Circumstances
verifications to verify the information
In accordance with section 735(a)(3)
relied upon in making this final
of the Act and 19 CFR 351.206(h),
determination, in accordance with
Commerce finds that critical
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically,
3 See Memoranda, ‘‘Verification of the Sales
1 See
Oil Country Tubular Goods from Argentina:
Preliminary Affirmative Determinations of Sales at
Less Than Fair Value and Critical Circumstances,
Postponement of Final Determination, and
Extension of Provisional Measures, 87 FR 28801
(May 11, 2022) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from
Argentina, and Final Negative Determination of
Critical Circumstances,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
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Questionnaire Response of Siderca S.A.I.C. in the
Less-Than-Fair-Value Investigation of Oil Country
Tubular Goods from Argentina,’’ dated June 30
2022; ‘‘Verification of the Sales Questionnaire
Response of Tenaris Global Services (U.S.A.)
Corporation in the Less-Than-Fair-Value
Investigation of Oil Country Tubular Goods from
Argentina,’’ dated June 30, 2022; ‘‘Virtual
Verification of the Further Manufacturing Cost
Response of Siderca S.A.I.C. in the Antidumping
Duty Investigation of Oil Country Tubular Goods
from Argentina,’’ dated July 28, 2022; and ‘‘Virtual
Verification of the Cost of Manufacturing Response
of Siderca S.A.I.C. in the Antidumping Duty
Investigation of Oil Country Tubular Goods from
Argentina,’’ dated July 28, 2022.
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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59052-59054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21155]
-----------------------------------------------------------------------
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 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 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 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 December 7, 2012, Commerce published the AD and CVD orders on
solar cells 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.
---------------------------------------------------------------------------
\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, Orders).
\2\ See Hello Tech's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules 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.
---------------------------------------------------------------------------
Scope of the 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 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 10,000mm\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 mm\2\ to 33,782 mm\2\ 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:
[[Page 59053]]
(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, 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.\4\
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\4\ See Orders.
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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 cm\2\ 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 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 fourteen
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.
[[Page 59054]]
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. 2022-21155 Filed 9-28-22; 8:45 am]
BILLING CODE 3510-DS-P
