Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, 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, 42690-42692 [2023-14029]
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lotter on DSK11XQN23PROD with NOTICES1
42690
Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Notices
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[FR Doc. 2023–14093 Filed 6–30–23; 8:45 am]
BILLING CODE 3510–DR–P
VerDate Sep<11>2014
17:10 Jun 30, 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: 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 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 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:
AGENCY:
Background
On December 7, 2012, Commerce
published the antidumping duty and
countervailing duty orders on solar cells
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
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012) (AD Order); see also Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People’s
Republic of China: Countervailing Duty Order, 77
FR 73017 (December 7, 2012) (CVD Order)
(collectively, Orders).
2 See 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).
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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.
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
3 Id.
at Exhibit 7.
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.
6 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Preliminary Results of
Changed Circumstances Reviews, and Intent To
Revoke the Antidumping and Countervailing Duty
Orders, in Part, 88 FR 14131 (March 7, 2023)
(Preliminary Results).
4 See
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Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Notices
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 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.
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
VerDate Sep<11>2014
17:10 Jun 30, 2023
Jkt 259001
good whose function is other than
power generation and that consumes the
electricity generated by the integrated
crystalline silicon photovoltaic cell.
Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all cells that
are integrated into the consumer good.
Additionally, excluded from the
scope of the Orders are panels with
surface area from 3,450 mm2 to 33,782
mm2 with one black wire and one red
wire (each of type 22 AWG or 24 AWG
not more than 206 mm in length when
measured from panel extrusion), and
not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
exclusion, no panel shall contain an
internal battery or external computer
peripheral ports.
Also excluded from the scope of the
Orders are:
1. Off grid CSPV panels in rigid form
with a glass cover, with the following
characteristics:
(A) a total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently
connected wire that terminates in either
an 8mm male barrel connector, or a 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.
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42691
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
cells produced in a third-country are not
covered by the Orders.
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 the Orders is
currently classified in the Harmonized
Tariff System of the United States
(HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020,
8541.40.6030, and 8501.31.8000. These
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
Orders is dispositive.7
Application of the Final Results of
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
liquidation instruction.’’ 8 Section
7 See
8 See
E:\FR\FM\03JYN1.SGM
Orders.
CCR Request at 21.
03JYN1
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Federal Register / Vol. 88, No. 126 / Monday, July 3, 2023 / Notices
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 December 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., December 1, 2021,
through November 30, 2022 for the AD
Order and January 1, 2021, through
December 31, 2021 for the CVD Order).
Instructions to CBP
lotter on DSK11XQN23PROD with NOTICES1
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 CorrosionResistant Carbon Steel Flat Products from Canada
and Germany, 71 FR 14498 (March 22, 2006); and
Notice of Final Results of Antidumping Duty
Changed Circumstances Review, and Determination
to Revoke Order in Part: Certain Cased Pencils from
the People’s Republic of China, 68 FR 62428
(November 4, 2003).
17:10 Jun 30, 2023
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. 2023–14029 Filed 6–30–23; 8:45 am]
Because we determine that there are
changed circumstances that warrant the
revocation of the Orders, in part, we
will instruct CBP to liquidate without
regard to antidumping and
countervailing duties, and to refund any
estimated antidumping and
countervailing duties on, all
unliquidated entries of the merchandise
covered by this partial revocation on or
after December 1, 2021 for the AD Order
and January 1, 2021 for the CVD Order.
VerDate Sep<11>2014
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).
Jkt 259001
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–873]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From India:
Final Results of Antidumping Duty
Administrative Reviews of Goodluck
India Limited; 2017–2019 and 2019–
2020; Correction
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice; correction.
AGENCY:
On June 26, 2023, the U.S.
Department of Commerce (Commerce)
published a notice in the Federal
Register of the final results of the
antidumping duty administrative
reviews of certain cold-drawn
mechanical tubing of carbon and alloy
steel from India, covering the first
(November 22, 2017 through May 31,
2019) and second (June 1, 2019, through
May 31, 2020) administrative reviews of
SUMMARY:
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Sfmt 9990
Goodluck India Limited (Goodluck).
That notice incorrectly stated the period
of review which serves as the basis for
Goodluck’s revised cash deposit rate.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2243.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of June 26,
2023, in FR Doc. 2023–13485, on page
41385, make the following correction:
• Under the subheading titled ‘‘Cash
Deposit Requirements,’’ revise the
phrase ‘‘(1) the cash deposit rate for
entries for Goodluck will be equal to the
weighted-average dumping margin
established in the final results of the
2020–2021 review’’ to ‘‘(1) the cash
deposit rate for entries for Goodluck
will be equal to the weighted-average
dumping margin established in the final
results of the 2019–2020 review.’’
Background
On June 26, 2023, Commerce
published in the Federal Register the
final results of the antidumping duty
administrative reviews of certain colddrawn mechanical tubing of carbon and
alloy steel from India, covering the first
(November 22, 2017, through May 31,
2019) and second (June 1, 2019, through
May 31, 2020) administrative reviews of
Goodluck.1 Therein, Commerce
incorrectly stated that ‘‘the final results
of the 2020–2021 review’’ were the basis
for Goodluck’s cash deposit rate. This
was incorrect. The 2019–2020 review of
Goodluck—the final results of which
were covered by the above-referenced
Federal Register notice—serve as the
basis for Goodluck’s cash deposit rate.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.221(b)(5).
Dated: June 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–14028 Filed 6–30–23; 8:45 am]
BILLING CODE 3510–DS–P
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from India: Final Results of
Antidumping Duty Administrative Reviews of
Goodluck India Limited; 2017–2019 and 2019–2020,
88 FR 41384 (June 26, 2023).
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]]>Agencies
[Federal Register Volume 88, Number 126 (Monday, July 3, 2023)]
[Notices]
[Pages 42690-42692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14029]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Final Results of
Changed Circumstances Reviews, and 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 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 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 December 7, 2012, Commerce published the antidumping duty and
countervailing duty orders on solar cells 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 Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (AD Order);
see also Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China:
Countervailing Duty Order, 77 FR 73017 (December 7, 2012) (CVD
Order) (collectively, Orders).
\2\ See 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.
---------------------------------------------------------------------------
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 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, 88
FR 14131 (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
[[Page 42691]]
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 cm\2\ 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 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 10,000mm2 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:
(A) a total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in
either an 8mm male barrel connector, or a two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics:
(A) a total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) the panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached wire
that terminates in a female USB-A connector.
In addition, the following CSPV panels are excluded from the scope
of the Orders: off-grid CSPV panels in rigid form with a glass cover,
with each of the following physical characteristics, whether or not
assembled into a fully completed off-grid hydropanel whose function is
conversion of water vapor into liquid water:
(A) A total power output of no more than 80 watts per panel;
(B) A surface area of less than 5,000 square centimeters (cm2) per
panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the edges of the panel;
(E) Include a clear glass back panel; and
(F) Must include a permanently connected wire that terminates in a
two-port rectangular connector.
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.
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 the Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.
These HTSUS subheadings are provided for convenience and customs
purposes; the written description of the scope of the Orders is
dispositive.\7\
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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 liquidation instruction.'' \8\
Section
[[Page 42692]]
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 December 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.,
December 1, 2021, through November 30, 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 December 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. 2023-14029 Filed 6-30-23; 8:45 am]
BILLING CODE 3510-DS-P
