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, 49448-49450 [2023-16202]
Download as PDF
49448
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices
ddrumheller on DSK120RN23PROD with NOTICES1
warranted, 19 CFR 351.221(c)(3)(ii)
permits Commerce to combine the
notices of initiation and preliminary
results of a changed circumstances
review.
The domestic producers stated that
they ‘‘do not oppose revocation of the
{CAAS AD Order} on Germany with
respect to the lithographic-grade
aluminum sheet for which Kodak is
seeking a partial revocation in its
request for a {CCR}.’’ 11 However, there
is no contemporaneous information on
the record demonstrating that the
domestic producers who are not
opposed to Kodak’s request currently
account for substantially all the U.S.
production of the domestic like product
covered by the CAAS AD Order on
Germany. Therefore, we are not
combining this notice of initiation with
the preliminary results of the changed
circumstances review, pursuant to 19
CFR 351.221(c)(3)(ii).
Additionally, Commerce has concerns
about implementing end-use certificates
in connection with the requested partial
revocation, as suggested by Kodak.12 For
this reason, we placed on the record a
memorandum to the file in which we
provide proposed revisions to Kodak’s
exclusion language to remove references
to end-use certificates.13 We will
consider the appropriate exclusion
language, as well as interested parties’
comments on Commerce’s proposed
exclusion language, before issuing the
preliminary results of this CCR.
Public Comment
Interested parties are invited to
provide comments and factual
information regarding this CCR,
including comments on domestic
industry support for the partial
revocation, Commerce’s proposed
exclusion language, and the use of enduse certificates. Comments and factual
information may be submitted to
Commerce no later than 30 days after
the date of publication of this notice in
the Federal Register. Rebuttal
comments and rebuttal factual
information may be filed with
Commerce no later than seven days after
the comments and factual information
are filed.14
All submissions must be filed
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
11 See Kodak’s Supplemental Questionnaire
Response at Exhibit 1 at 2.
12 See Request for CCR at 3.
13 See Memorandum, ‘‘Proposed Exclusion
Language,’’ dated concurrently with this notice
(Exclusion Language Memorandum).
14 Submissions of rebuttal factual information
must comply with 19 CFR 351.301(b)(2).
VerDate Sep<11>2014
18:11 Jul 28, 2023
Jkt 259001
Electronic Service System (ACCESS).15
An electronically filed document must
be received successfully in its entirety
by ACCESS, by 5 p.m. Eastern Time on
the due dates set forth in this notice.
Note that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.16
Preliminary Results of the Review
Commerce intends to publish notice
of the preliminary results of this CCR in
the Federal Register in accordance with
19 CFR 351.221(b)(4) and (c)(3)(i).
Commerce will set forth its preliminary
factual and legal conclusions in that
notice.
Final Results of the Review
Unless extended, Commerce will
issue the final results of this changed
circumstances review in accordance
with the time limits set forth in 19 CFR
351.216(e).
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act and 19 CFR 351.221(b)(1).
Dated: July 24, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–16093 Filed 7–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–979, C–570–980]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From the People’s Republic
of China: Notice of Initiation of
Changed Circumstances Reviews, and
Consideration of Revocation of the
Antidumping and Countervailing Duty
Orders, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
SOURCE Global, PBC (SOURCE Global),
the U.S. Department of Commerce
(Commerce) is initiating changed
circumstances reviews (CCR) to
consider the possible revocation, in
part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on
AGENCY:
15 See,
generally, 19 CFR 351.303.
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
16 See
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
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 31, 2023.
FOR FURTHER INFORMATION CONTACT: Jose
Rivera, 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) 482–0842.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce
published the AD and CVD orders on
solar cells from China.1 On June 13,
2023, SOURCE Global, a Chinese
producer and exporter of subject
merchandise, requested, through CCRs,
revocation of the Orders, in part, with
respect to CSPV panels, pursuant to
section 751(b)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.216(b).2 Within SOURCE Global’s
CCR request, SOURCE Global included
a letter from the American Alliance for
Solar Manufacturing (the Alliance), a
U.S. producer of the domestic like
product and a petitioner in the
underlying investigations, in which the
Alliance stated that it did not oppose
the partial revocation of the Orders
proposed by SOURCE Global.3 No
interested parties filed comments
opposing the CCR request.
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
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Countervailing Duty Order, 77 FR 73017 (December
7, 2012) (collectively, Orders).
2 See SOURCE Global’s Letter, ‘‘Request for
Changed Circumstances Review on Certain Off-Grid
Small Portable Panels,’’ dated June 13, 2023 (CCR
Request).
3 Id. at Exhibit 15.
E:\FR\FM\31JYN1.SGM
31JYN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices
a p/n junction formed by any means,
whether or not the cell has undergone
other processing, including, but not
limited to, cleaning, etching, coating,
and/or addition of materials (including,
but not limited to, metallization and
conductor patterns) to collect and
forward the electricity that is generated
by the cell.
Merchandise under consideration
may be described at the time of
importation as parts for final finished
products that are assembled after
importation, including, but not limited
to, modules, laminates, panels,
building-integrated modules, buildingintegrated panels, or other finished
goods kits. Such parts that otherwise
meet the definition of merchandise
under consideration are included in the
scope of the Orders.
Excluded from the scope of the Orders
are thin film photovoltaic products
produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS).
Also excluded from the scope of the
Orders are crystalline silicon
photovoltaic cells, not exceeding
10,000mm2 in surface area, that are
permanently integrated into a consumer
good whose function is other than
power generation and that consumes the
electricity generated by the integrated
crystalline silicon photovoltaic cell.
Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all cells that
are integrated into the consumer good.
Additionally, excluded from the
scope of the Orders are panels with
surface area from 3,450 mm2 to 33,782
mm2 with one black wire and one red
wire (each of type 22 AWG or 24 AWG
not more than 206 mm in length when
measured from panel extrusion), and
not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
exclusion, no panel shall contain an
internal battery or external computer
peripheral ports.
Also excluded from the scope of the
Orders are:
1. Off grid CSPV panels in rigid form
with a glass cover, with the following
characteristics:
(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;
VerDate Sep<11>2014
18:11 Jul 28, 2023
Jkt 259001
(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
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
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
49449
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.4
Proposed Partial Revocation of the
Orders
The products subject to the proposed
revocation are off-grid crystalline silicon
photovoltaic panels in rigid form with a
glass cover, with each of the following
physical characteristics, whether or not
assembled into a fully completed offgrid hydropanel whose function is
conversion of water vapor into liquid
water:
(A) A total power output of no more
than 180 watts per panel at 155 degrees
Celsius;
(B) A surface area of less than 16,000
square centimeters (cm2) per panel;
(C) Include a keep-out area of
approximately 1,200 cm2 around the
edges of the panel that does not contain
solar cells;
(D) Do not include a built-in inverter;
(E) Do not have a frame around the
edges of the panel;
(F) Include a clear glass back panel;
(G) Must include a permanently
connected wire that terminates in a twoport rounded rectangular, sealed
connector;
(H) Include a thermistor installed into
the permanently connected wire before
the two-port connector; and
(I) Include exposed positive and
negative terminals at opposite ends of
the panel, not enclosed in a junction
box.
Initiation of CCRs and Consideration of
Revocation of the Orders, in Part
Pursuant to section 751(b)(1) of the
Act, when Commerce receives
information concerning, or a request
from an interested party 5 for a review
of, a final affirmative determination that
resulted in an AD or CVD order, which
4 See
Orders.
Global stated in its CCR Request that
it is an U.S. importer of solar panels. As such,
SOURCE Global is an interested party pursuant to
section 771(9)(A) of the Act and 19 CFR
351.102(b)(29)(i).
5 SOURCE
E:\FR\FM\31JYN1.SGM
31JYN1
49450
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Notices
shows changed circumstances sufficient
to warrant a review of an order,
Commerce shall conduct a changed
circumstances review of the order.6 In
accordance with 19 CFR 351.216(d),
Commerce determines that the
information submitted by SOURCE
Global and the letter of no opposition to
partial revocation of the Orders with
respect to the products described by
SOURCE Global constitute a sufficient
basis to conduct CCRs of the Orders.7
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in part.
In its administrative practice, Commerce
has interpreted ‘‘substantially all’’ to
mean producers accounting for at least
85 percent of the total U.S. production
of the domestic like product covered by
the order.8 One domestic producer, the
Alliance, stated that it does not object to
the partial revocation of the Orders
proposed by SOURCE Global.
However, because the Alliance did
not indicate whether it accounts for
substantially all of the U.S. production
of the domestic like product covered by
the Orders, we are not combining this
notice of initiation with a preliminary
determination, pursuant to 19 CFR
351.221(c)(3)(ii).9 Rather, we will
provide interested parties with an
opportunity to address the issue of
domestic industry support with respect
to the partial revocation of the Orders,
as explained below. After examining
comments, if any, concerning domestic
industry support, we will issue the
preliminary results of these CCRs.
Public Comment
Interested parties are invited to
provide comments and/or factual
information regarding these CCRs,
including comments on industry
support and the proposed partial
revocation language. Comments and
factual information may be submitted to
Commerce no later than 14 days after
6 See
19 CFR 351.216(d).
CCR Request at Exhibit 15.
8 See, e.g., Certain Cased Pencils from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent To Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
9 In the event that Commerce determines an
expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits Commerce to combine the
notices of initiation and preliminary results.
ddrumheller on DSK120RN23PROD with NOTICES1
7 See
VerDate Sep<11>2014
18:11 Jul 28, 2023
Jkt 259001
the date of publication of this notice.
Rebuttal comments and rebuttal factual
information may be filed with
Commerce no later than seven days after
the comments and/or factual
information are filed.10 All submissions
must be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).11 An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the due dates set forth
in this notice. Note that Commerce has
temporarily modified certain
requirements for serving documents
containing business proprietary
information, until further notice.12
Preliminary and Final Results of the
CCRs
Commerce intends to publish in the
Federal Register a notice of the
preliminary results of these CCRs in
accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i). Commerce will set forth its
preliminary factual and legal
conclusions in that notice. Pursuant to
19 CFR 351.221(b)(4)(ii), interested
parties will have an opportunity to
comment on the preliminary results.
Unless extended, Commerce will issue
the final results of these CCRs in
accordance with the time limits set forth
in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act, 19 CFR 351.216(b) and 19 CFR
351.222.
Dated: July 25, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2023–16202 Filed 7–28–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
National Construction Safety Team
Advisory Committee Meeting
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
10 Submissions of rebuttal factual information
must comply with 19 CFR 351.301(b)(2).
11 See, generally, 19 CFR 351.303.
12 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
The National Construction
Safety Team (NCST) Advisory
Committee (Committee) will hold an
open meeting in-person and via web
conference on Thursday, September 7,
2023, from 9:00 a.m. to 5:00 p.m.
Eastern Time. The primary purposes of
this meeting are to update the
Committee on the progress of the NCST
investigation focused on the impacts of
Hurricane Maria in Puerto Rico, and
progress of the NCST investigation
focused on the Champlain Towers
South partial building collapse that
occurred in Surfside, Florida. The final
agenda will be posted on the NIST
website at https://www.nist.gov/topics/
disaster-failure-studies/nationalconstruction-safety-team-ncst/advisorycommittee-meetings.
DATES: The NCST Advisory Committee
will meet on Thursday, September 7,
2023, from 9:00 a.m. to 5:00 p.m.
Eastern Time. The meeting will be open
to the public.
ADDRESSES: The meeting will be held in
person in Lecture Room D of the
Administration Building, NIST, 100
Bureau Drive, Gaithersburg, Maryland
20899 and via web conference. For
instructions on how to attend and/or
participate in the meeting, please see
the SUPPLEMENTARY INFORMATION section
of this notice.
FOR FURTHER INFORMATION CONTACT:
Tanya Brown-Giammanco, Disaster and
Failure Studies Program, Engineering
Laboratory, NIST. Tanya BrownGiammanco’s email address is
Tanya.Brown-Giammanco@nist.gov and
her phone number is (301) 975–2822.
SUPPLEMENTARY INFORMATION: The
Committee was established pursuant to
section 11 of the NCST Act (Pub. L.
107–231, codified at 15 U.S.C. 7301 et
seq.). The Committee is currently
composed of eight members, appointed
by the Director of NIST, who were
selected on the basis of established
records of distinguished service in their
professional community and their
knowledge of issues affecting the
National Construction Safety Teams.
The Committee advises the Director of
NIST on carrying out the NCST Act;
reviews the procedures developed for
conducting investigations; and reviews
the reports issued documenting
investigations. Background information
on the NCST Act and information on the
NCST Advisory Committee is available
at https://www.nist.gov/topics/disasterfailure-studies/national-constructionsafety-team-ncst/advisory-committee.
Pursuant to the Federal Advisory
Committee Act, as amended, 5 U.S.C.
1001 et seq., notice is hereby given that
the NCST Advisory Committee will
SUMMARY:
E:\FR\FM\31JYN1.SGM
31JYN1
Agencies
[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Notices]
[Pages 49448-49450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16202]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Notice of Initiation
of Changed Circumstances Reviews, and Consideration of Revocation of
the Antidumping and Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from SOURCE Global, PBC (SOURCE Global),
the U.S. Department of Commerce (Commerce) is initiating changed
circumstances reviews (CCR) to consider the possible revocation, in
part, of the antidumping duty (AD) and countervailing duty (CVD) orders
on crystalline silicon photovoltaic cells, whether or not assembled
into modules (solar cells), from the People's Republic of China (China)
with respect to certain off-grid small portable crystalline silicon
photovoltaic (CSPV) panels as described below.
DATES: Applicable July 31, 2023.
FOR FURTHER INFORMATION CONTACT: Jose Rivera, 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) 482-0842.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published the AD and CVD orders on
solar cells from China.\1\ On June 13, 2023, SOURCE Global, a Chinese
producer and exporter of subject merchandise, requested, through CCRs,
revocation of the Orders, in part, with respect to CSPV panels,
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(b).\2\ Within SOURCE Global's CCR
request, SOURCE Global included a letter from the American Alliance for
Solar Manufacturing (the Alliance), a U.S. producer of the domestic
like product and a petitioner in the underlying investigations, in
which the Alliance stated that it did not oppose the partial revocation
of the Orders proposed by SOURCE Global.\3\ No interested parties filed
comments opposing the CCR request.
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Countervailing
Duty Order, 77 FR 73017 (December 7, 2012) (collectively, Orders).
\2\ See SOURCE Global's Letter, ``Request for Changed
Circumstances Review on Certain Off-Grid Small Portable Panels,''
dated June 13, 2023 (CCR Request).
\3\ Id. at Exhibit 15.
---------------------------------------------------------------------------
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
[[Page 49449]]
a p/n junction formed by any means, whether or not the cell has
undergone other processing, including, but not limited to, cleaning,
etching, coating, and/or addition of materials (including, but not
limited to, metallization and conductor patterns) to collect and
forward the electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of the Orders.
Excluded from the scope of the Orders are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the Orders are crystalline silicon
photovoltaic cells, not exceeding 10,000mm\2\ in surface area, that are
permanently integrated into a consumer good whose function is other
than power generation and that consumes the electricity generated by
the integrated crystalline silicon photovoltaic cell. Where more than
one cell is permanently integrated into a consumer good, the surface
area for purposes of this exclusion shall be the total combined surface
area of all cells that are integrated into the consumer good.
Additionally, excluded from the scope of the Orders are panels with
surface area from 3,450 mm\2\ to 33,782 mm\2\ with one black wire and
one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in
length when measured from panel extrusion), and not exceeding 2.9
volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no
panel shall contain an internal battery or external computer peripheral
ports.
Also excluded from the scope of the Orders are:
1. Off grid CSPV panels in rigid form with a glass cover, with the
following characteristics:
(A) a total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include a permanently connected wire that terminates in
either an 8mm male barrel connector, or a two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics:
(A) a total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) the panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached wire
that terminates in a female USB-A connector.
In addition, the following CSPV panels are excluded from the scope
of the Orders: Off-grid CSPV panels in rigid form with a glass cover,
with each of the following physical characteristics, whether or not
assembled into a fully completed off-grid hydropanel whose function is
conversion of water vapor into liquid water:
(A) A total power output of no more than 80 watts per panel;
(B) A surface area of less than 5,000 cm\2\ per panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the edges of the panel;
(E) Include a clear glass back panel; and
(F) Must include a permanently connected wire that terminates in a
two-port rectangular connector.
Modules, laminates, and panels produced in a third country from
cells produced in China are covered by the Orders; however, modules,
laminates, and panels produced in China from cells produced in a third
country are not covered by the Orders.
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 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.
Merchandise covered by the Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under subheadings
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.
These HTSUS subheadings are provided for convenience and customs
purposes; the written description of the scope of the Orders is
dispositive.\4\
---------------------------------------------------------------------------
\4\ See Orders.
---------------------------------------------------------------------------
Proposed Partial Revocation of the Orders
The products subject to the proposed revocation are off-grid
crystalline silicon photovoltaic 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 180 watts per panel at 155
degrees Celsius;
(B) A surface area of less than 16,000 square centimeters (cm\2\)
per panel;
(C) Include a keep-out area of approximately 1,200 cm\2\ around the
edges of the panel that does not contain solar cells;
(D) Do not include a built-in inverter;
(E) Do not have a frame around the edges of the panel;
(F) Include a clear glass back panel;
(G) Must include a permanently connected wire that terminates in a
two-port rounded rectangular, sealed connector;
(H) Include a thermistor installed into the permanently connected
wire before the two-port connector; and
(I) Include exposed positive and negative terminals at opposite
ends of the panel, not enclosed in a junction box.
Initiation of CCRs and Consideration of Revocation of the Orders, in
Part
Pursuant to section 751(b)(1) of the Act, when Commerce receives
information concerning, or a request from an interested party \5\ for a
review of, a final affirmative determination that resulted in an AD or
CVD order, which
[[Page 49450]]
shows changed circumstances sufficient to warrant a review of an order,
Commerce shall conduct a changed circumstances review of the order.\6\
In accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by SOURCE Global and the letter of no opposition
to partial revocation of the Orders with respect to the products
described by SOURCE Global constitute a sufficient basis to conduct
CCRs of the Orders.\7\
---------------------------------------------------------------------------
\5\ SOURCE Global stated in its CCR Request that it is an U.S.
importer of solar panels. As such, SOURCE Global is an interested
party pursuant to section 771(9)(A) of the Act and 19 CFR
351.102(b)(29)(i).
\6\ See 19 CFR 351.216(d).
\7\ See CCR Request at Exhibit 15.
---------------------------------------------------------------------------
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In its administrative
practice, Commerce has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\8\ One
domestic producer, the Alliance, stated that it does not object to the
partial revocation of the Orders proposed by SOURCE Global.
---------------------------------------------------------------------------
\8\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------
However, because the Alliance did not indicate whether it accounts
for substantially all of the U.S. production of the domestic like
product covered by the Orders, we are not combining this notice of
initiation with a preliminary determination, pursuant to 19 CFR
351.221(c)(3)(ii).\9\ Rather, we will provide interested parties with
an opportunity to address the issue of domestic industry support with
respect to the partial revocation of the Orders, as explained below.
After examining comments, if any, concerning domestic industry support,
we will issue the preliminary results of these CCRs.
---------------------------------------------------------------------------
\9\ In the event that Commerce determines an expedited action is
warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine the
notices of initiation and preliminary results.
---------------------------------------------------------------------------
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these CCRs, including comments on industry
support and the proposed partial revocation language. Comments and
factual information may be submitted to Commerce no later than 14 days
after the date of publication of this notice. Rebuttal comments and
rebuttal factual information may be filed with Commerce no later than
seven days after the comments and/or factual information are filed.\10\
All submissions must be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS).\11\ An electronically filed document must be
received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time
on the due dates set forth in this notice. Note that Commerce has
temporarily modified certain requirements for serving documents
containing business proprietary information, until further notice.\12\
---------------------------------------------------------------------------
\10\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2).
\11\ See, generally, 19 CFR 351.303.
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
---------------------------------------------------------------------------
Preliminary and Final Results of the CCRs
Commerce intends to publish in the Federal Register a notice of the
preliminary results of these CCRs in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i). Commerce will set forth its preliminary
factual and legal conclusions in that notice. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results. Unless extended, Commerce will
issue the final results of these CCRs in accordance with the time
limits set forth in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act, 19 CFR 351.216(b) and 19 CFR 351.222.
Dated: July 25, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-16202 Filed 7-28-23; 8:45 am]
BILLING CODE 3510-DS-P