Crystalline Silicon Photovoltaic Products 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, 14129-14131 [2023-04576]
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
Dated: February 28, 2023.
Abdelali Elouaradia,
Deputy 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. Diversification of China’s Economy
V. Subsidies Valuation
VI. Interest Rate Benchmarks, Discount Rates,
and Benchmarks for Measuring
Adequacy of Remuneration
VII. Use of Facts Otherwise Available and
Application of Adverse Inferences
VIII. Analysis of Programs
IX. Recommendation
[FR Doc. 2023–04569 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010, C–570–011]
Crystalline Silicon Photovoltaic
Products 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
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On August 8, 2022, the U.S.
Department of Commerce (Commerce)
received a request for revocation, in
part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on
crystalline silicon photovoltaic products
(solar products) from the People’s
Republic of China (China), from
Shenzen Hello Tech Energy Co., Ltd.
(Hello Tech) with respect to certain offgrid small portable crystalline silicon
photovoltaic (CSPV) panels as described
below. We preliminary determine to
revoke, in part, the solar products AD
and CVD orders with respect to these
products. Interested parties are invited
to comment on these preliminary
results.
SUMMARY:
ddrumheller on DSK120RN23PROD with NOTICES1
DATES:
Applicable March 7, 2023.
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:
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20:34 Mar 06, 2023
Jkt 259001
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 that Commerce conduct
changed circumstances reviews (CCR) to
find that it is appropriate to revoke the
Orders, in part, 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 Hello Tech’s
CCR request included a letter from the
American Alliance for Solar
Manufacturing (the Alliance) (a
coalition of domestic producers of solar
cells), which stated that the Alliance did
not oppose Hello Tech’s request for
changed circumstances reviews and its
proposed exclusion language.3 On
September 29, 2022, we published the
notice of initiation of the requested
CCRs.4 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.5
We received no comments or factual
information.
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,
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) (collectively, 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.
4 See Crystalline Silicon Photovoltaic Products
from the People’s Republic of China: Notice of
Initiation of Changed Circumstances Reviews, and
Consideration of Revocation of the Antidumping
and Countervailing Duty Orders in Part, 87 FR
59043 (September 29, 2022) (Initiation Notice).
5 Id., 87 FR at 59044.
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14129
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 less per panel; (2)
maximum surface area of 8,000 cm2 per
panel; (3) unit does not include a builtin inverter; (4) unit has visible parallel
grid collector metallic wire lines every
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14130
Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
2–40 millimeters across each solar panel
(depending on model); (5) solar cells are
encased in laminated frosted PET
material without stitching; (6) the panel
is encased in polyester fabric with
visible stitching which includes a
Velcro-type storage pocket and unit
closure, or encased within a Neoprene
clamshell (depending on model); and (7)
includes LED indicator.
Merchandise covered by these Orders
is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8501.61.0000,
8507.20.8030, 8507.20.8040,
8507.20.8060, 8507.20.8090,
8541.40.6015, 8541.40.6020,
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.6
ddrumheller on DSK120RN23PROD with NOTICES1
Scope of the CCRs
Hello Tech requests that Commerce
revoke the Orders, in part, to exclude
from the scope off-grid portable
crystalline silicon photovoltaic panels,
with or without a glass cover, with the
following characteristics:
(A) a total power output of 200 watts
or less per panel;
(B) a maximum surface area of 16,000
cm2 per panel;
(C) no built-in inverter;
(D) an integrated handle or a handle
attached to the package for ease of carry;
(E) one or more integrated kickstands
for easy installation or angle adjustment;
and
(F) 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.
Preliminary Results of CCRs and Intent
To Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the
Act, and 19 CFR 351.222(g), Commerce
may revoke an AD or CVD order, in
whole or in part, based on a review
under section 751(b) of the Act (i.e., a
CCR). Section 751(b)(1) of the Act
requires a CCR to be conducted upon
receipt of a request which shows
changed circumstances sufficient to
warrant a review. Section 782(h)(2) of
the Act gives Commerce the authority to
revoke an order if producers accounting
for substantially all of the production of
the domestic like product have
expressed a lack of interest in the order.
Section 351.222(g) of Commerce’s
regulations provides that Commerce
6 See
Orders.
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19:49 Mar 06, 2023
Jkt 259001
will conduct a CCR of an AD or CVD
order under 19 CFR 351.216, and may
revoke an order (in whole or in part), if
it concludes that: (i) producers
accounting for substantially all of the
production of the domestic like product
to which the order pertains have
expressed a lack of interest in the relief
provided by the order, in whole or in
part; or (ii) if other changed
circumstances sufficient to warrant
revocation exist. Thus, both the Act and
Commerce’s regulations require that
‘‘substantially all’’ domestic producers
express a lack of interest in the order for
Commerce to revoke the order, in whole
or in part.7 In its administrative
practice, Commerce has interpreted
‘‘substantially all’’ to represent
producers accounting for at least 85
percent of U.S. production of the
domestic like product.8
Hello Tech submitted a letter from the
Alliance, a coalition of domestic
producers of the domestic like product,
which stated that the Alliance did not
oppose the changed circumstances
reviews or the specific exclusion
language proposed by Hello Tech.9 In
that letter, the Alliance did not indicate
its share of production of the domestic
like product.10 Thus, Commerce was
unable to determine, at the time that it
initiated these CCRs, whether producers
accounting for substantially all of the
U.S. production of the domestic like
product lacked interest in the Orders
with respect to the off-grid small
portable CSPV panels under
consideration here. As a result,
Commerce did not issue a combined
notice of initiation and preliminary
results in these CCRs.11 Instead, as
stated above, in the Initiation Notice,
Commerce invited interested parties to
provide comments and/or factual
information regarding these CCRs,
including comments on industry
support and the proposed partial
revocation language. No party submitted
comments. Accordingly, we find that
the domestic industry has expressed no
opposition with respect to the proposed
revocation, in part, of the Orders.
7 See section 782(h) of the Act; and 19 CFR
351.222(g).
8 See, e.g., Honey from Argentina: Antidumping
and Countervailing Duty Changed Circumstances
Reviews; Preliminary Intent to Revoke Antidumping
and Countervailing Duty Orders, 77 FR 67790,
67791 (November 14, 2012), unchanged in Honey
from Argentina: Final Results of Antidumping and
Countervailing Duty Changed Circumstances
Reviews; Revocation of Antidumping and
Countervailing Duty Orders, 77 FR 77029
(December 31, 2012).
9 See CCR Request at Exhibit 7.
10 Id.; see also Initiation Notice.
11 See Initiation Notice.
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In light of the Alliance’s statement of
lack of interest in maintaining the
Orders with respect to the off-grid small
portable CSPV panels described by
Hello Tech, and in the absence of any
other interested party comments
addressing the issue of domestic
industry support, we preliminarily
conclude that producers accounting for
substantially all of the production of the
domestic like product to which the
Orders pertain lack interest in the relief
provided by the Orders with respect to
the off-grid small portable CSPV panels
that are the subject of Hello Tech’s CCR
request. Thus, we preliminarily
determine that changed circumstances
warrant revocation of the Orders, in
part, with respect to such panels.
Accordingly, we are notifying the public
of our intent to revoke the Orders, in
part, with respect to the off-grid small
portable CSPV panels described in the
‘‘Scope of the CCRs’’ section above.
If we make a final determination to
revoke the Orders in part, then
Commerce will apply this determination
to each order as follows. Because we
have completed administrative reviews
of the Orders, the partial revocation will
be retroactively applied to unliquidated
entries of merchandise subject to the
CCRs that were entered or withdrawn
from warehouse, for consumption, on or
after the day following the last day of
the period covered by the most recently
completed administrative reviews of the
Orders, and which are not covered by
automatic liquidation.
We will consider comments from
interested parties on these preliminary
results before issuing the final results of
these CCRs.12
Public Comment
Interested parties are invited to
comment on these preliminary results of
CCRs in accordance with 19 CFR
351.309(c)(1)(ii). Written comments may
be submitted no later than 14 days after
the date of publication of these
preliminary results in the Federal
Register. Rebuttal comments, limited to
issues raised in written comments, may
be filed no later than seven days after
the due date for initial comments.13 All
submissions must be filed electronically
using Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
12 See, e.g., Aluminum Extrusions from the
People’s Republic of China: Preliminary Results of
Changed Circumstances Reviews, and Intent to
Revoke Antidumping and Countervailing Duty
Orders in Part, 78 FR 66895 (November 7, 2013);
and 19 CFR 351.222(g)(3)(v).
13 See 19 CFR 351.309(d); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Notices
(ACCESS).14 ACCESS is available to
registered users at https://
access.trade.gov. An electronically filed
document must be successfully received
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the deadlines 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.15
Final Results of the CCRs
Commerce will issue the final results
of these CCRs, which will include its
analysis of any written comments, no
later than 270 days after the date on
which these reviews were initiated.16 If,
in the final results of these reviews,
Commerce continues to determine that
changed circumstances warrant the
revocation of the Orders, in part, we
will instruct U.S. Customs and Border
Protection (CBP) to liquidate without
regard to ADs or CVDs, and to refund
any estimated ADs and CVDs deposited
on all unliquidated entries of the
merchandise covered by the revocation
that are not covered by the final results
of an administrative review or an
automatic liquidation instruction to
CBP. The current requirement for cash
deposits of estimated ADs and CVDs on
all entries of subject merchandise will
continue unless they are modified
pursuant to the final results of these
changed CCRs.
These preliminary results of these
reviews and this notice are published 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: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–04576 Filed 3–6–23; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 3510–DS–P
14 See
generally 19 CFR 351.303.
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 29615 (May 18, 2020);
and Temporary Rule.
16 See 19 CFR 351.216(e).
15 See
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19:49 Mar 06, 2023
Jkt 259001
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: Preliminary Results of
Changed Circumstances Reviews, and
Intent To Revoke the Antidumping and
Countervailing Duty Orders, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 2022, the U.S.
Department of Commerce (Commerce)
received a request for 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) from Shenzen Hello
Tech Energy Co., Ltd. (Hello Tech) with
respect to certain off-grid small portable
crystalline silicon photovoltaic (CSPV)
panels as described below. We
preliminary determine to revoke, in
part, the solar cells AD and CVD orders
with respect to these products.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable March 7, 2023.
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:
AGENCY:
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 that Commerce conduct
changed circumstances reviews (CCR) to
find that it is appropriate to revoke the
Orders, in part, 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),
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).
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14131
and 19 CFR 351.216(b).2 Hello Tech’s
CCR request included a letter from the
American Alliance for Solar
Manufacturing (the Alliance) (a
coalition of domestic producers of solar
cells), which stated that the Alliance did
not oppose Hello Tech’s request for
changed circumstances reviews and its
proposed exclusion language.3 On
September 29, 2022, we published the
notice of initiation of the requested
CCRs.4 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.5
We received no comments or factual
information.
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, 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.
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.
4 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, 87 FR
59052 (September 29, 2022) (Initiation Notice).
5 Id., 87 FR at 59053.
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]]>Agencies
[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Notices]
[Pages 14129-14131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04576]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011]
Crystalline Silicon Photovoltaic Products 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
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 8, 2022, the U.S. Department of Commerce (Commerce)
received a request for revocation, in part, of the antidumping duty
(AD) and countervailing duty (CVD) orders on crystalline silicon
photovoltaic products (solar products) from the People's Republic of
China (China), from Shenzen Hello Tech Energy Co., Ltd. (Hello Tech)
with respect to certain off-grid small portable crystalline silicon
photovoltaic (CSPV) panels as described below. We preliminary determine
to revoke, in part, the solar products AD and CVD orders with respect
to these products. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable March 7, 2023.
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 that Commerce
conduct changed circumstances reviews (CCR) to find that it is
appropriate to revoke the Orders, in part, 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\
Hello Tech's CCR request included a letter from the American Alliance
for Solar Manufacturing (the Alliance) (a coalition of domestic
producers of solar cells), which stated that the Alliance did not
oppose Hello Tech's request for changed circumstances reviews and its
proposed exclusion language.\3\ On September 29, 2022, we published the
notice of initiation of the requested CCRs.\4\ 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.\5\ We received no
comments or factual information.
---------------------------------------------------------------------------
\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)
(collectively, 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.
\4\ See Crystalline Silicon Photovoltaic Products from the
People's Republic of China: Notice of Initiation of Changed
Circumstances Reviews, and Consideration of Revocation of the
Antidumping and Countervailing Duty Orders in Part, 87 FR 59043
(September 29, 2022) (Initiation Notice).
\5\ Id., 87 FR at 59044.
---------------------------------------------------------------------------
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 mm\2\ in surface area, that are permanently
integrated into a consumer good whose function is other than power
generation and that consumes the electricity generated by the
integrated crystalline silicon photovoltaic cells. Where more than one
module, laminate and/or panel is permanently integrated into a consumer
good, the surface area for purposes of this exclusion shall be the
total combined surface area of all modules, laminates and/or panels
that are integrated into the consumer good.
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 mm\2\ in surface area; (2) less than
27.1 watts in power; (3) coated across their entire surface with a
polyurethane doming resin; and (4) joined to a battery charging and
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box
that incorporates a light emitting diode (LED)) by coated wires that
include a connector to permit the incorporation of an extension cable.
The battery charging and maintaining unit utilizes high-frequency
triangular pulse waveforms designed to maintain and extend the life of
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available
under the registered trademark ``SolarPulse.'' Also excluded from the
scope of these Orders are off-grid crystalline silicon photovoltaic
panels without a glass cover with the following characteristics: (1)
total power output of 500 watts or less per panel; (2) maximum surface
area of 8,000 cm\2\ per panel; (3) unit does not include a built-in
inverter; (4) unit has visible parallel grid collector metallic wire
lines every
[[Page 14130]]
2-40 millimeters across each solar panel (depending on model); (5)
solar cells are encased in laminated frosted PET material without
stitching; (6) the panel is encased in polyester fabric with visible
stitching which includes a Velcro-type storage pocket and unit closure,
or encased within a Neoprene clamshell (depending on model); and (7)
includes LED indicator.
Merchandise covered by these Orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6015, 8541.40.6020, 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.\6\
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\6\ See Orders.
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Scope of the CCRs
Hello Tech requests that Commerce revoke the Orders, in part, to
exclude from the scope off-grid portable crystalline silicon
photovoltaic panels, with or without a glass cover, with the following
characteristics:
(A) a total power output of 200 watts or less per panel;
(B) a maximum surface area of 16,000 cm\2\ per panel;
(C) no built-in inverter;
(D) an integrated handle or a handle attached to the package for
ease of carry;
(E) one or more integrated kickstands for easy installation or
angle adjustment; and
(F) 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.
Preliminary Results of CCRs and Intent To Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an AD or CVD order, in whole or in part, based on a
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1)
of the Act requires a CCR to be conducted upon receipt of a request
which shows changed circumstances sufficient to warrant a review.
Section 782(h)(2) of the Act gives Commerce the authority to revoke an
order if producers accounting for substantially all of the production
of the domestic like product have expressed a lack of interest in the
order. Section 351.222(g) of Commerce's regulations provides that
Commerce will conduct a CCR of an AD or CVD order under 19 CFR 351.216,
and may revoke an order (in whole or in part), if it concludes that:
(i) producers accounting for substantially all of the production of the
domestic like product to which the order pertains have expressed a lack
of interest in the relief provided by the order, in whole or in part;
or (ii) if other changed circumstances sufficient to warrant revocation
exist. Thus, both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for Commerce to revoke the order, in whole or in part.\7\ In
its administrative practice, Commerce has interpreted ``substantially
all'' to represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\8\
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\7\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\8\ See, e.g., Honey from Argentina: Antidumping and
Countervailing Duty Changed Circumstances Reviews; Preliminary
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina:
Final Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 77029 (December 31, 2012).
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Hello Tech submitted a letter from the Alliance, a coalition of
domestic producers of the domestic like product, which stated that the
Alliance did not oppose the changed circumstances reviews or the
specific exclusion language proposed by Hello Tech.\9\ In that letter,
the Alliance did not indicate its share of production of the domestic
like product.\10\ Thus, Commerce was unable to determine, at the time
that it initiated these CCRs, whether producers accounting for
substantially all of the U.S. production of the domestic like product
lacked interest in the Orders with respect to the off-grid small
portable CSPV panels under consideration here. As a result, Commerce
did not issue a combined notice of initiation and preliminary results
in these CCRs.\11\ Instead, as stated above, in the Initiation Notice,
Commerce invited interested parties to provide comments and/or factual
information regarding these CCRs, including comments on industry
support and the proposed partial revocation language. No party
submitted comments. Accordingly, we find that the domestic industry has
expressed no opposition with respect to the proposed revocation, in
part, of the Orders.
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\9\ See CCR Request at Exhibit 7.
\10\ Id.; see also Initiation Notice.
\11\ See Initiation Notice.
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In light of the Alliance's statement of lack of interest in
maintaining the Orders with respect to the off-grid small portable CSPV
panels described by Hello Tech, and in the absence of any other
interested party comments addressing the issue of domestic industry
support, we preliminarily conclude that producers accounting for
substantially all of the production of the domestic like product to
which the Orders pertain lack interest in the relief provided by the
Orders with respect to the off-grid small portable CSPV panels that are
the subject of Hello Tech's CCR request. Thus, we preliminarily
determine that changed circumstances warrant revocation of the Orders,
in part, with respect to such panels. Accordingly, we are notifying the
public of our intent to revoke the Orders, in part, with respect to the
off-grid small portable CSPV panels described in the ``Scope of the
CCRs'' section above.
If we make a final determination to revoke the Orders in part, then
Commerce will apply this determination to each order as follows.
Because we have completed administrative reviews of the Orders, the
partial revocation will be retroactively applied to unliquidated
entries of merchandise subject to the CCRs that were entered or
withdrawn from warehouse, for consumption, on or after the day
following the last day of the period covered by the most recently
completed administrative reviews of the Orders, and which are not
covered by automatic liquidation.
We will consider comments from interested parties on these
preliminary results before issuing the final results of these CCRs.\12\
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\12\ See, e.g., Aluminum Extrusions from the People's Republic
of China: Preliminary Results of Changed Circumstances Reviews, and
Intent to Revoke Antidumping and Countervailing Duty Orders in Part,
78 FR 66895 (November 7, 2013); and 19 CFR 351.222(g)(3)(v).
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Public Comment
Interested parties are invited to comment on these preliminary
results of CCRs in accordance with 19 CFR 351.309(c)(1)(ii). Written
comments may be submitted no later than 14 days after the date of
publication of these preliminary results in the Federal Register.
Rebuttal comments, limited to issues raised in written comments, may be
filed no later than seven days after the due date for initial
comments.\13\ All submissions must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System
[[Page 14131]]
(ACCESS).\14\ ACCESS is available to registered users at https://access.trade.gov. An electronically filed document must be successfully
received in its entirety by ACCESS, by 5 p.m. Eastern Time on the
deadlines 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.\15\
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\13\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\14\ See generally 19 CFR 351.303.
\15\ 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.
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Final Results of the CCRs
Commerce will issue the final results of these CCRs, which will
include its analysis of any written comments, no later than 270 days
after the date on which these reviews were initiated.\16\ If, in the
final results of these reviews, Commerce continues to determine that
changed circumstances warrant the revocation of the Orders, in part, we
will instruct U.S. Customs and Border Protection (CBP) to liquidate
without regard to ADs or CVDs, and to refund any estimated ADs and CVDs
deposited on all unliquidated entries of the merchandise covered by the
revocation that are not covered by the final results of an
administrative review or an automatic liquidation instruction to CBP.
The current requirement for cash deposits of estimated ADs and CVDs on
all entries of subject merchandise will continue unless they are
modified pursuant to the final results of these changed CCRs.
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\16\ See 19 CFR 351.216(e).
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These preliminary results of these reviews and this notice are
published 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: February 27, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-04576 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-DS-P
