Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Results of Changed Circumstances Reviews, and Intent To Revoke the Antidumping and Countervailing Duty Orders, in Part, 42686-42688 [2023-14027]
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42686
Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Notices
would administer the screener and the
baseline questionnaire. Once they join
the panel, panelists will be eligible for
online topical surveys every other
month for up to 3 years.
Affected Public: Individuals or
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Follow the instructions to view the
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Written comments and
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information collection should be
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public/do/PRAMain. Find this
particular information collection by
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by using the search function and
entering the title of the collection.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–14094 Filed 6–30–23; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
the FTZ Act and the FTZ Board’s
regulations, including section 400.14.
Dated: June 28, 2023.
Elizabeth Whiteman,
Executive Secretary.
[B–16–2023]
DATES:
BILLING CODE 3510–DS–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–17–2023]
Production Activity Not Authorized;
Foreign-Trade Zone (FTZ) 124; Valero
Refining—New Orleans L.L.C.;
(Renewable Fuels and By-Products);
Norco, Louisiana
On February 28, 2023, Valero
Refining—New Orleans L.L.C.
submitted a notification of proposed
production activity to the FTZ Board for
its facility within Subzone 124A in
Norco, Louisiana.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (88 FR 14598, March 9,
2023). On June 28, 2023, the applicant
was notified of the FTZ Board’s decision
that further review of the activity is
warranted. The production activity
described in the notification was not
authorized. If the applicant wishes to
seek authorization for this activity, it
will need to submit an application for
production authority, pursuant to
section 400.23.
[FR Doc. 2023–14071 Filed 6–30–23; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
Foreign-Trade Zone (FTZ) 44;
Authorization of Production Activity;
Givaudan Fragrances Corporation;
(Fragrance Compounds); Mount Olive,
Flanders and, Towaco, New Jersey
On February 28, 2023, Givaudan
Fragrances Corporation submitted a
notification of proposed production
activity to the FTZ Board for its facility
within FTZ 44, in Mount Olive,
Flanders and Towaco, New Jersey.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (88 FR 14328–14329,
March 8, 2023). On June 28, 2023, the
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
VerDate Sep<11>2014
17:10 Jun 30, 2023
Jkt 259001
Applicable July 3, 2023.
[FR Doc. 2023–14072 Filed 6–30–23; 8:45 am]
Dated: June 28, 2023.
Elizabeth Whiteman,
Executive Secretary.
Foreign-Trade Zones Board
(solar products) from the People’s
Republic of China (China) with respect
to certain off-grid small portable
crystalline silicon photovoltaic (CSPV)
panels.
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: Final 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: The U.S. Department of
Commerce (Commerce) is revoking, in
part, the antidumping duty and
countervailing duty orders on
crystalline silicon photovoltaic products
AGENCY:
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
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 antidumping duty and
countervailing duty orders on solar
products from China.1 On August 8,
2022, Shenzen Hello Tech Energy Co.,
Ltd. (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) (AD Order and CVD Order, respectively;
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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Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Notices
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, Commerce
preliminarily found that producers
accounting for substantially all of the
domestic production of the products to
which the Orders pertain lack interest in
the relief provided by those Orders with
respect to CSPV panels, and announced
its intention to revoke, in part, the
Orders with respect to these products.6
No interested parties filed comments on
the Preliminary Results.
Final Results of Changed
Circumstances Reviews and Revocation
of the Orders, in Part
In light of Hello Tech’s request, and
domestic interested parties’ lack of
interest and non-opposition in the
Orders covering the products under
consideration, Commerce continues to
find, pursuant to sections 751(d)(1) and
782(h)(2) of the Act and 19 CFR
351.222(g), that changed circumstances
exist that warrant revocation of the
Orders, in part. No interested party
opposed this partial revocation.
Moreover, no parties provided other
information or evidence that calls into
question the partial revocation
described in Commerce’s Preliminary
Results.
Thus, Commerce is revoking, in part,
the Orders with respect to the following
products: Off-grid small portable
crystalline silicon photovoltaic panels,
with or without a glass cover, with the
following characteristics:
(1) a total power output of 200 watts or less
per panel;
(2) a maximum surface area of 16,000 cm2
per panel;
(3) no built-in inverter;
(4) an integrated handle or a handle
attached to the package for ease of carry;
(5) one or more integrated kickstands for
easy installation or angle adjustment; and
(6) 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.
The scope description below includes
this new exclusion.
lotter on DSK11XQN23PROD with NOTICES1
Scope of the Orders
The merchandise covered by these
Orders is modules, laminates and/or
6 See 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, 88 FR 14129
(March 7, 2023) (Preliminary Results).
VerDate Sep<11>2014
17:10 Jun 30, 2023
Jkt 259001
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
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
42687
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 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; (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.
Additionally excluded from the scope
of these Orders are off-grid small
portable crystalline silicon photovoltaic
panels, with or without a glass cover,
with the following characteristics: (1) a
total power output of 200 watts or less
per panel; (2) a maximum surface area
of 16,000 cm2 per panel; (3) no built-in
inverter; (4) an integrated handle or a
handle attached to the package for ease
of carry; (5) one or more integrated
kickstands for easy installation or angle
adjustment; and (6) 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.
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.7
Application of the Final Results of
These Reviews
Hello Tech 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
7 See
E:\FR\FM\03JYN1.SGM
Orders.
03JYN1
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Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Notices
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
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 February 1, 2021 for the AD Order
and January 1, 2021 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., February 1, 2021,
through January 31, 2022 for the AD
Order and January 1, 2021, through
December 31, 2021 for 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).
Instructions to CBP
BILLING CODE 3510–DS–P
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 February 1, 2021 for the AD Order
and January 1, 2021 for the CVD Order.
DOC case No.
lotter on DSK11XQN23PROD with NOTICES1
A–570–062
A–570–983
A–580–895
A–583–861
A–469–817
C–570–063
....
....
....
....
....
....
Notification to Interested Parties
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(g).
Dated: June 22, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–14027 Filed 6–30–23; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (Sunset)
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In accordance with the Tariff
Act of 1930, as amended (the Act), the
AGENCY:
ITC case No.
Country
Product
731–TA–1381 ...
731–TA–1201 ...
731–TA–1378 ...
731–TA–1379 ...
731–TA–1377 ...
701–TA–583 .....
China ...........
China ...........
South Korea
Taiwan ........
Spain ...........
China ...........
Cast Iron Soil Pipe (1st Review) ....................
Drawn Stainless Steel Sinks (2nd Review) ...
Low Melt Polyester Staple Fiber (1st Review)
Low Melt Polyester Staple Fiber (1st Review)
Ripe Olives (1st Review) ...............................
Cast Iron Soil Pipe (1st Review) ....................
8 See
CCR Request at 21.
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
9 See,
VerDate Sep<11>2014
Administrative Protective Order
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to a judicial protective order
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
17:10 Jun 30, 2023
Jkt 259001
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Fmt 4703
Sfmt 4703
DATES:
Applicable July 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Commerce official identified in the
Initiation of Review section below at
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230. For
information from the ITC, contact Mary
Messer, Office of Investigations, U.S.
International Trade Commission at (202)
205–3193.
SUPPLEMENTARY INFORMATION:
Background
Commerce’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping
and Countervailing Duty Orders, 63 FR
13516 (March 20, 1998) and 70 FR
62061 (October 28, 2005). Guidance on
methodological or analytical issues
relevant to Commerce’s conduct of
Sunset Reviews is set forth in
Antidumping Proceedings: Calculation
of the Weighted-Average Dumping
Margin and Assessment Rate in Certain
Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14,
2012).
Initiation of Review
In accordance with section 751(c) of
the Act and 19 CFR 351.218(c), we are
initiating the Sunset Reviews of the
following AD and CVD order(s) and
suspended investigation(s):
Commerce contact
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-
PO 00000
U.S. Department of Commerce
(Commerce) is automatically initiating
the five-year reviews (Sunset Reviews)
of the antidumping and countervailing
duty (AD/CVD) order(s) and suspended
investigation(s) listed below. The
International Trade Commission (the
ITC) is publishing concurrently with
this notice its notice of Institution of
Five-Year Reviews, which covers the
same order(s) and suspended
investigation(s).
Mary
Mary
Mary
Mary
Mary
Mary
Kolberg,
Kolberg,
Kolberg,
Kolberg,
Kolberg,
Kolberg,
(202)
(202)
(202)
(202)
(202)
(202)
482–1785.
482–1785.
482–1785.
482–1785.
482–1785.
482–1785.
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).
E:\FR\FM\03JYN1.SGM
03JYN1
Agencies
[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Pages 42686-42688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14027]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011]
Crystalline Silicon Photovoltaic Products From the People's
Republic of China: Final 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: The U.S. Department of Commerce (Commerce) is revoking, in
part, the antidumping duty and countervailing duty orders on
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.
DATES: Applicable July 3, 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 antidumping duty and
countervailing duty orders on solar products from China.\1\ On August
8, 2022, Shenzen Hello Tech Energy Co., Ltd. (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) (AD Order
and CVD Order, respectively; 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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[[Page 42687]]
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, Commerce preliminarily found that producers accounting for
substantially all of the domestic production of the products to which
the Orders pertain lack interest in the relief provided by those Orders
with respect to CSPV panels, and announced its intention to revoke, in
part, the Orders with respect to these products.\6\ No interested
parties filed comments on the Preliminary Results.
---------------------------------------------------------------------------
\6\ See 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, 88 FR 14129 (March 7, 2023)
(Preliminary Results).
---------------------------------------------------------------------------
Final Results of Changed Circumstances Reviews and Revocation of the
Orders, in Part
In light of Hello Tech's request, and domestic interested parties'
lack of interest and non-opposition in the Orders covering the products
under consideration, Commerce continues to find, pursuant to sections
751(d)(1) and 782(h)(2) of the Act and 19 CFR 351.222(g), that changed
circumstances exist that warrant revocation of the Orders, in part. No
interested party opposed this partial revocation. Moreover, no parties
provided other information or evidence that calls into question the
partial revocation described in Commerce's Preliminary Results.
Thus, Commerce is revoking, in part, the Orders with respect to the
following products: Off-grid small portable crystalline silicon
photovoltaic panels, with or without a glass cover, with the following
characteristics:
(1) a total power output of 200 watts or less per panel;
(2) a maximum surface area of 16,000 cm2 per panel;
(3) no built-in inverter;
(4) an integrated handle or a handle attached to the package for
ease of carry;
(5) one or more integrated kickstands for easy installation or
angle adjustment; and
(6) 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.
The scope description below includes this new exclusion.
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 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; (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.
Additionally excluded from the scope of these Orders are off-grid
small portable crystalline silicon photovoltaic panels, with or without
a glass cover, with the following characteristics: (1) a total power
output of 200 watts or less per panel; (2) a maximum surface area of
16,000 cm2 per panel; (3) no built-in inverter; (4) an integrated
handle or a handle attached to the package for ease of carry; (5) one
or more integrated kickstands for easy installation or angle
adjustment; and (6) 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.
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.\7\
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\7\ See Orders.
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Application of the Final Results of These Reviews
Hello Tech 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
[[Page 42688]]
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\
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\8\ See CCR Request at 21.
\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).
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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 February 1, 2021 for the AD Order and
January 1, 2021 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.,
February 1, 2021, through January 31, 2022 for the AD Order and January
1, 2021, through December 31, 2021 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 February 1, 2021 for the AD Order and January 1,
2021 for 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).
Administrative Protective Order
This notice serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
an APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to a judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a sanctionable violation.
Notification to Interested Parties
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(g).
Dated: June 22, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-14027 Filed 6-30-23; 8:45 am]
BILLING CODE 3510-DS-P