Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 43809-43816 [2024-11031]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Pages 43809-43816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11031]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-555-003, A-557-830, A-549-851, A-552-841]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From Cambodia, Malaysia, Thailand, and the Socialist 
Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.


DATES: Applicable May 14, 2024.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Joshua Weiner 
(Cambodia) at (202) 482-3477 or (202) 482-3902, respectively; Patrick 
Barton (Malaysia) at (202) 482-0012; Drew Jackson (Thailand) at (202) 
482-4406; and Laurel LaCivita and Deborah Cohen (the Socialist Republic 
of Vietnam (Vietnam)) at (202) 482-4243 and (202) 482-4521, 
respectively, AD/CVD Operations, Offices I, III, and IV, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On April 24, 2024, the U.S. Department of Commerce (Commerce) 
received antidumping duty (AD) petitions concerning imports of 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules (solar cells), from Cambodia, Malaysia, Thailand, and Vietnam 
filed in proper form on behalf of the American Alliance for Solar 
Manufacturing Trade Committee (the petitioner or the Committee).\1\ On 
May 9, 2024, the petitioner filed an amendment to the Petitions, 
clarifying the identity of the members of the Committee.\2\ These AD 
Petitions were accompanied by countervailing duty (CVD) petitions 
concerning imports of solar cells from Cambodia, Malaysia, Thailand, 
and Vietnam.\3\
---------------------------------------------------------------------------

    \1\ See Petitioner's Letters, ``Petitions for the Imposition of 
Antidumping and Countervailing Duties,'' dated April 24, 2024 (the 
Petitions); and ``Errata to General Issues Volume I of Antidumping 
and Countervailing Duty Petitions,'' dated April 26, 2024 (General 
Issues Errata).
    \2\ See Petitioner's Letter, ``Amendment to Petitions for the 
Imposition of Antidumping and Countervailing Duties,'' dated May 9, 
2024 (Petition Amendment). The petitioner clarifies that the members 
of the Committee are: First Solar, Inc., Hanwha Q CELLS USA, Inc., 
and Mission Solar Energy LLC. See Petition Amendment at 1
    \3\ See Petitions.
---------------------------------------------------------------------------

    Between April 26 and May 13, 2024, Commerce requested supplemental 
information pertaining to certain aspects of the Petitions in 
supplemental questionnaires.\4\ The petitioner responded to Commerce's 
supplemental questionnaires between April 30 and May 13, 2024.\5\
---------------------------------------------------------------------------

    \4\ See Commerce's Letters, ``Supplemental Questions,'' dated 
April 26, 2024 (General Issues Questionnaire), and ``Supplemental 
Questions,'' dated April 26, 2024 (Cambodia Supplemental); see also 
Country-Specific Supplemental Questionnaires: Malaysia Supplemental, 
Thailand Supplemental, and Vietnam Supplemental, dated April 26, 
2024; and Memoranda, ``Phone Call with Counsel to the Petitioner,'' 
dated May 3, 2024 (May 3 Memorandum); ``Phone Call with Counsel to 
the Petitioner,'' dated May 9, 2023; and ``Phone Call with Counsel 
to the Petitioner,'' dated May 13, 2024.
    \5\ See Petitioner's Letters, ``Petitioner's Responses to First 
Supplemental Questionnaire Regarding General Injury Vol. I of the 
Petition,'' dated April 30, 2024 (First General Issues Supplement); 
see also First Country-Specific AD Supplemental Responses, dated 
April 30, 2024; Second Country-Specific Supplemental Responses,'' 
dated May 1, 2024; Third Cambodia and Vietnam Supplemental 
Responses,'' dated May 6, 2024; ``Petitioner's Responses to 
Supplemental Questionnaire Phone Call Regarding General Injury Vol. 
I of the Petition,'' dated May 7, 2024 (Second General Issues 
Supplement); ``Petitioner's Responses to May 9, 2024 Supplemental 
Questionnaire Phone Call Regarding Cambodia Antidumping Duty Volume 
II of the Petition,'' dated May 10, 2024; and ``Petitioner's 
Response to the Third Supplemental Questionnaire Regarding General 
Injury Vol. I of the Petition,'' dated May 13, 2024 (Third General 
Issues Supplement).
---------------------------------------------------------------------------

    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the Act), the petitioner alleges that imports of solar cells 
from Cambodia, Malaysia, Thailand, and Vietnam are being, or are likely 
to be, sold in the United States at less than fair value (LTFV) within 
the meaning of section 731 of the Act, and that imports of such 
products are materially injuring, or threatening material injury to, 
the solar cells industry in the United States. Consistent with section 
732(b)(1) of the Act, the Petitions were accompanied by information 
reasonably available to the petitioner supporting its allegations.
    Commerce finds that the petitioner filed the Petitions on behalf of 
the domestic industry, because the petitioner is an interested party, 
as defined in section 771(9)(F) of the Act.\6\ Commerce also finds that 
the petitioner demonstrated sufficient industry

[[Page 43810]]

support for the initiation of the requested LTFV investigations.\7\
---------------------------------------------------------------------------

    \6\ The majority of the members of the Committee are interested 
parties under section 771(9)(C) of the Act; thus, the Committee 
qualifies as an interested party under section 771(9)(F) of the Act.
    \7\ See section on ``Determination of Industry Support for the 
Petitions,'' infra.
---------------------------------------------------------------------------

Periods of Investigation

    Because the Petitions were filed on April 24, 2024, pursuant to 19 
CFR 351.204(b)(1), the period of investigation (POI) for the LTFV 
investigations from Cambodia, Malaysia, and Thailand is April 1, 2023, 
through March 31, 2024. Because Vietnam is a non-market economy (NME) 
country, pursuant to 19 CFR 351.204(b)(1), the POI for LTFV 
investigation from Vietnam is October 1, 2023, through March 31, 2024.

Scope of the Investigations

    The products covered by these investigations are solar cells from 
Cambodia, Malaysia, Thailand, and Vietnam. For a full description of 
the scope of these investigations, see the appendix to this notice.

Comments on the Scope of the Investigations

    On May 3, 2024, Commerce requested information and clarification 
from the petitioner regarding the proposed scope to ensure that the 
scope language in the Petitions is an accurate reflection of the 
products for which the domestic industry is seeking relief.\8\ On May 
7, 2024, the petitioner provided clarifications and revised the 
scope.\9\ The description of merchandise covered by these 
investigations, as described in the appendix to this notice, reflects 
these clarifications.
---------------------------------------------------------------------------

    \8\ See May 3 Memorandum.
    \9\ See Second General Issues Supplement at 2-6.
---------------------------------------------------------------------------

    As discussed in the Preamble to Commerce's regulations, we are 
setting aside a period for interested parties to raise issues regarding 
product coverage (i.e., scope).\10\ Commerce will consider all scope 
comments received from interested parties and, if necessary, will 
consult with interested parties prior to the issuance of the 
preliminary determinations. If scope comments include factual 
information,\11\ all such factual information should be limited to 
public information. To facilitate preparation of its questionnaires, 
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern 
Time (ET) on June 3, 2024, which is 20 calendar days from the signature 
date of this notice.\12\ Any rebuttal comments, which may include 
factual information, and should also be limited to public information, 
must be filed by 5:00 p.m. ET on June 13, 2024, which is 10 calendar 
days from the initial comment deadline.
---------------------------------------------------------------------------

    \10\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR 
351.312.
    \11\ See 19 CFR 351.102(b)(21) (defining ``factual 
information'').
    \12\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

    Commerce requests that any factual information that parties 
consider relevant to the scope of these investigations be submitted 
during that period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigations may be relevant, the party must contact Commerce and 
request permission to submit the additional information. All scope 
comments must be filed simultaneously on the records of the concurrent 
LTFV and CVD investigations.

Filing Requirements

    All submissions to Commerce must be filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), unless an exception 
applies.\13\ An electronically filed document must be received 
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------

    \13\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and 
Compliance: Change of Electronic Filing System Name, 79 FR 69046 
(November 20, 2014) for details of Commerce's electronic filing 
requirements, effective August 5, 2011. Information on using ACCESS 
can be found at https://access.trade.gov/help.aspx and a handbook 
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
---------------------------------------------------------------------------

Comments on Product Characteristics

    Commerce is providing interested parties an opportunity to comment 
on the appropriate physical characteristics of solar cells to be 
reported in response to Commerce's AD questionnaires. This information 
will be used to identify the key physical characteristics of the 
subject merchandise in order to report the relevant factors of 
production (FOP) or cost of production (COP) accurately, as well as to 
develop appropriate product comparison criteria.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as: (1) general product 
characteristics; and (2) product comparison criteria. We note that it 
is not always appropriate to use all product characteristics as product 
comparison criteria. We base product comparison criteria on meaningful 
commercial differences among products. In other words, although there 
may be some physical product characteristics utilized by manufacturers 
to describe solar cells, it may be that only a select few product 
characteristics take into account commercially meaningful physical 
characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, Commerce attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaires, all product 
characteristics comments must be filed by 5:00 p.m. ET on June 3, 2024, 
which is 20 calendar days from the signature date of this notice.\14\ 
Any rebuttal comments must be filed by 5:00 p.m. ET on June 13, 2024, 
which is 10 calendar days from the initial comment deadline. All 
comments and submissions to Commerce must be filed electronically using 
ACCESS, as explained above, on the record of each of the LTFV 
investigations.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------

Determination of Industry Support for the Petitions

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) at least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, Commerce shall: (i) 
poll the industry or rely on other information in order to determine if 
there is support for the petition, as required by subparagraph (A); or 
(ii) determine industry support using a statistically valid sampling 
method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs Commerce to look to producers and workers who produce the 
domestic

[[Page 43811]]

like product. The U.S. International Trade Commission (ITC), which is 
responsible for determining whether ``the domestic industry'' has been 
injured, must also determine what constitutes a domestic like product 
in order to define the industry. While both Commerce and the ITC apply 
the same statutory definition regarding the domestic like product,\15\ 
they do so for different purposes and pursuant to a separate and 
distinct authority. In addition, Commerce's determination is subject to 
limitations of time and information. Although this may result in 
different definitions of the like product, such differences do not 
render the decision of either agency contrary to law.\16\
---------------------------------------------------------------------------

    \15\ See section 771(10) of the Act.
    \16\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United 
States, 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------

    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, the petitioner does not 
offer a definition of the domestic like product distinct from the scope 
of the investigations.\17\ Based on our analysis of the information 
submitted on the record, we have determined that solar cells, as 
defined in the scope, constitute a single domestic like product, and we 
have analyzed industry support in terms of that domestic like 
product.\18\
---------------------------------------------------------------------------

    \17\ See Petitions at Volume I (pages 27-31); see also 
Petitioner's Letter, ``Response to Comments on Standing and Industry 
Support,'' dated May 9, 2024 (Petitioner Response) at 7-12 and 
Exhibit 2.
    \18\ For a discussion of the domestic like product analysis as 
applied to these cases and information regarding industry support, 
see Checklists, ``Antidumping Duty Investigation Initiation 
Checklists: Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the 
Socialist Republic of Vietnam,'' dated concurrently with, and hereby 
adopted by, this notice (Country-Specific AD Initiation Checklists), 
at Attachment II, Analysis of Industry Support for the Antidumping 
and Countervailing Duty Petitions Covering Crystalline Silicon 
Photovoltaic Cells, Whether or Not Assembled into Modules, from 
Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam 
(Attachment II). These checklists are on file electronically via 
ACCESS.
---------------------------------------------------------------------------

    In determining whether the petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in the appendix to 
this notice. To establish industry support, the petitioner provided the 
2023 production of the domestic like product for the U.S. producers 
that support the Petitions.\19\ The petitioner estimated the production 
of the domestic like product for the entire domestic industry based on 
the production data from the ITC's 2024 report from its second 
monitoring proceeding of the safeguard measures on solar cells and made 
certain adjustments to these data to estimate total U.S. production of 
the domestic like product in 2023.\20\ The petitioner compared the 
production of the supporters of the Petitions to the estimated total 
2023 production of the domestic like product for the entire domestic 
industry.\21\ We have relied on the data provided by the petitioner for 
purposes of measuring industry support.\22\
---------------------------------------------------------------------------

    \19\ See Petitions at Volume I (pages 9-11 and Exhibits I-3 and 
I-19); see also First General Issues Supplement at 3 and Exhibit I-
Supp-5; and Petitioner Response at 16-17 and Exhibits 8-9.
    \20\ See Petitions at Volume I (pages 9-11 and Exhibit I-19); 
see also First General Issues Supplement at 1-4 and Exhibits I-Supp-
2 through I-Supp-5; and Petitioner Response at 16-17 and Exhibits 9-
10.
    \21\ See Petitions at Volume I (pages 9-11 and Exhibits I-3 and 
I-19); see also First General Issues Supplement at 1-4 and Exhibits 
I-Supp-2 through I-Supp-5; and Petitioner Response at 16-17 and 
Exhibits 8-10.
    \22\ See Petitions at Volume I (pages 8-11 and Exhibits I-1, I-
2, and I-19); see also First General Issues Supplement at 1-4 and 
Exhibits I-Supp-2 through I-Supp-5; Petitioner Response at 16-17 and 
Exhibits 8-10; and Third General Issues Supplement. For further 
discussion, see Attachment II of the Country-Specific AD Initiation 
Checklists.
---------------------------------------------------------------------------

    On May 3, 2024, we received timely filed comments on industry 
support from NextEra Energy Constructors, LLC (NextEra), a U.S. 
importer of solar cells.\23\ On May 7, 2024, we received timely filed 
comments on industry support from Illuminate USA LLC (Illuminate), a 
U.S. producer of the domestic like product.\24\ On May 7, 2024, we also 
received timely filed comments on industry support from Canadian Solar 
US Module Manufacturing Corporation, Canadian Solar International 
Limited, and Canadian Solar Manufacturing (Thailand) Co., Ltd. 
(collectively, Canadian Solar), a U.S. producer of the domestic like 
product and foreign producer and exporter of solar cells.\25\ On May 9, 
2024, the petitioner responded to the comments from NextEra, 
Illuminate, and Canadian Solar in a timely filed rebuttal 
submission.\26\
---------------------------------------------------------------------------

    \23\ See NextEra's Letter, ``Request to Reject the Petitions or 
to Poll the Industry,'' dated May 3, 2024.
    \24\ See Illuminate's Letter, ``Challenge to Petitioner's 
Standing for Domestic Production of Cells and Request to Poll the 
Domestic Industry,'' dated May 7, 2024.
    \25\ See Canadian Solar's Letter, ``Request to Exclude Hanwha 
from Commerce's Industry Support Calculations,'' dated May 7, 2024.
    \26\ See Petitioner Response.
---------------------------------------------------------------------------

    Our review of the data provided in the Petitions, the First General 
Issues Supplement, the Third General Issues Supplement, the Petitioner 
Response, and other information readily available to Commerce indicates 
that the petitioner has established industry support for the 
Petitions.\27\ First, the Petitions established support from domestic 
producers (or workers) accounting for more than 50 percent of the total 
production of the domestic like product and, as such, Commerce is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\28\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
732(c)(4)(A)(i) of the Act because the domestic producers (or workers) 
who support the Petitions account for at least 25 percent of the total 
production of the domestic like product.\29\ Finally, the domestic 
producers (or workers) have met the statutory criteria for industry 
support under section 732(c)(4)(A)(ii) of the Act because the domestic 
producers (or workers) who support the Petitions account for more than 
50 percent of the production of the domestic like product produced by 
that portion of the industry expressing support for, or opposition to, 
the Petitions.\30\ Accordingly, Commerce determines that the Petitions 
were filed on behalf of the domestic industry within the meaning of 
section 732(b)(1) of the Act.\31\
---------------------------------------------------------------------------

    \27\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \28\ Id.; see also section 732(c)(4)(D) of the Act.
    \29\ See Attachment II of the Country-Specific AD Initiation 
Checklists.
    \30\ Id.
    \31\ Id.
---------------------------------------------------------------------------

Allegations and Evidence of Material Injury and Causation

    The petitioner alleges that the U.S. industry producing the 
domestic like product is being materially injured, or is threatened 
with material injury, by reason of the imports of the subject 
merchandise sold at LTFV. In addition, the petitioner argues that 
subject imports from Cambodia, Malaysia, Thailand, and Cambodia 
individually exceed the negligibility threshold

[[Page 43812]]

provided for under section 771(24)(A) of the Act.\32\
---------------------------------------------------------------------------

    \32\ See Petitions at Volume I (pages 40-41 and Exhibit I-32).
---------------------------------------------------------------------------

    The petitioner contends that the industry's injured condition is 
illustrated by the significant and increasing volume of subject 
imports; the increase in subject imports' market share; underselling 
and price depression and/or suppression; lost sales and revenues; 
negative impact on capacity utilization, employment, planned expansions 
and new facilities, and financial performance; and the magnitude of the 
alleged dumping margins.\33\ We assessed the allegations and supporting 
evidence regarding material injury, threat of material injury, 
causation, as well as negligibility, and we have determined that these 
allegations are properly supported by adequate evidence, and meet the 
statutory requirements for initiation.\34\
---------------------------------------------------------------------------

    \33\ Id. at Volume I (pages 3-8, 26-27, 32-59 and Exhibits I-5 
through I-16, and I-25 through I-53); see also First General Issues 
Supplement at 4 and Exhibit I-Supp-6.
    \34\ See Country-Specific AD Initiation Checklists at Attachment 
III, Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Cambodia, Malaysia, Thailand, and 
Vietnam.
---------------------------------------------------------------------------

Allegations of Sales at LTFV

    The following is a description of the allegations of sales at LTFV 
upon which Commerce based its decision to initiate LTFV investigations 
of imports of solar cells from Cambodia, Malaysia, Thailand, and 
Vietnam. The sources of data for the deductions and adjustments 
relating to U.S. price and normal value (NV) are discussed in greater 
detail in the Country-Specific AD Initiation Checklists.

U.S. Price

    For Cambodia, Malaysia, Thailand, and Vietnam, the petitioner based 
export price (EP) on pricing information for sales, or offers for sale, 
of solar cells produced in and exported from each country.\35\ For each 
country, the petitioner made certain adjustments to U.S. price to 
calculate a net ex-factory U.S. price, where applicable.\36\
---------------------------------------------------------------------------

    \35\ See Country-Specific AD Initiation Checklists.
    \36\ Id.
---------------------------------------------------------------------------

Normal Value 37
---------------------------------------------------------------------------

    \37\ In accordance with section 773(b)(2) of the Act, for the 
Cambodia, Malaysia, and Thailand investigations, Commerce will 
request information necessary to calculate the constructed value 
(CV) and COP to determine whether there are reasonable grounds to 
believe or suspect that sales of the foreign like product have been 
made at prices that represent less than the COP of the product.
---------------------------------------------------------------------------

    For Cambodia, Malaysia, and Thailand, the petitioner stated that it 
was unable to obtain home market or third country pricing information 
for solar cells to use as a basis for normal value (NV).\38\ Therefore, 
for Cambodia, Malaysia, and Thailand, the petitioner calculated NV 
based on CV.\39\ For further discussion of CV for Cambodia, Malaysia, 
and Thailand, see the section ``Normal Value Based on Constructed 
Value,'' below.
---------------------------------------------------------------------------

    \38\ See Country-Specific AD Initiation Checklists.
    \39\ Id.
---------------------------------------------------------------------------

    Commerce considers Vietnam to be an NME country.\40\ In accordance 
with section 771(18)(C)(i) of the Act, any determination that a foreign 
country is an NME country shall remain in effect until revoked by 
Commerce. Therefore, we continue to treat Vietnam as an NME country for 
purposes of the initiation of the Vietnam LTFV investigation. 
Accordingly, we base NV on FOPs valued in a surrogate market economy 
country in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------

    \40\ See, e.g., Certain Frozen Fish Fillets from the Socialist 
Republic of Vietnam: Final Results, and Final Results of No 
Shipments of the Antidumping Duty Administrative Review; 2016-2017, 
84 FR 18007 (April 29, 2019).
---------------------------------------------------------------------------

    The petitioner claims that Indonesia is an appropriate surrogate 
country for Vietnam because it is a market economy that is at a level 
of economic development comparable to that of Vietnam and is a 
significant producer of comparable merchandise.\41\ The petitioner 
provided publicly available information from Indonesia to value all 
FOPs.\42\ Based on the information provided by the petitioner, we 
believe it is appropriate to use Indonesia as a surrogate country for 
Vietnam to value all FOPs.
---------------------------------------------------------------------------

    \41\ See Vietnam AD Initiation Checklist.
    \42\ Id.
---------------------------------------------------------------------------

    Interested parties will have the opportunity to submit comments 
regarding surrogate country selection and, pursuant to 19 CFR 
351.301(c)(3)(i), will be provided an opportunity to submit publicly 
available information to value FOPs within 30 days before the scheduled 
date of the preliminary determination.

Factors of Production

    Because information regarding the volume of inputs consumed by 
Vietnamese producers/exporters was not reasonably available, the 
petitioner used product-specific consumption rates from a U.S. producer 
of solar cells as a surrogate to value Vietnamese manufacturers' 
FOPs.\43\ Additionally, the petitioner calculated factory overhead, 
selling, general, and administrative (SG&A) expenses, and profit based 
on the experience of an Indonesian producer of identical 
merchandise.\44\
---------------------------------------------------------------------------

    \43\ Id.
    \44\ Id.
---------------------------------------------------------------------------

Normal Value Based on Constructed Value

    As noted above for Cambodia, Malaysia, and Thailand, the petitioner 
stated that it was unable to obtain home market or third-country prices 
for solar cells to use as a basis for NV. Therefore, for Cambodia, 
Malaysia, and Thailand, the petitioner calculated NV based on CV.\45\
---------------------------------------------------------------------------

    \45\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------

    Pursuant to section 773(e) of the Act, the petitioner calculated CV 
as the sum of the cost of manufacturing, SG&A expenses, financial 
expenses, and profit.\46\ For Cambodia, Malaysia, and Thailand, in 
calculating the cost of manufacturing, the petitioner relied on the 
production experience and input consumption rates of a U.S. producer of 
solar cells, valued using publicly available information applicable to 
the respective countries, where applicable.\47\ In calculating SG&A 
expenses, financial expenses, and profit ratios, the petitioner relied 
on the fiscal year 2022-2023 financial statements of producers of 
identical merchandise domiciled in Malaysia, and Thailand.\48\ For 
Cambodia, the petitioner was not able to find financial statements from 
a producer of identical or comparable merchandise in Cambodia and used 
a 2023 audited financial statements from a Thai producer of integrated 
circuits, microelectronics circuit boards.\49\
---------------------------------------------------------------------------

    \46\ Id.
    \47\ Id.
    \48\ Id.
    \49\ See Cambodia AD Initiation Checklist.
---------------------------------------------------------------------------

Fair Value Comparisons

    Based on the data provided by the petitioner, there is reason to 
believe that imports of solar cells from Cambodia, Malaysia, Thailand, 
and Vietnam are being, or are likely to be, sold in the United States 
at LTFV. Based on comparisons of EP to NV in accordance with sections 
772 and 773 of the Act, the estimated dumping margins for solar cells 
for each of the countries covered by this initiation are as follows: 
(1) Cambodia -125.37 percent; (2) Malaysia -81.22 percent; (3) 
Thailand--70.36 percent; and (4) Vietnam--271.28 percent.\50\
---------------------------------------------------------------------------

    \50\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------

Initiation of LTFV Investigations

    Based upon the examination of the Petitions and supplemental 
responses,

[[Page 43813]]

we find that they meet the requirements of section 732 of the Act. 
Therefore, we are initiating LTFV investigations to determine whether 
imports of solar cells from Cambodia, Malaysia, Thailand, and Vietnam 
are being, or are likely to be, sold in the United States at LTFV. In 
accordance with section 733(b)(1)(A) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determinations no later than 140 days after the date of these 
initiations.

Respondent Selection

Cambodia

    In the Petitions, the petitioner identified 14 companies in 
Cambodia as producers or exporters of solar cells.\51\ In the event 
Commerce determines that the number of companies is large, and it 
cannot individually examine each company based upon Commerce's 
resources, where appropriate, Commerce intends to select mandatory 
respondents based on quantity and value (Q&V) questionnaires issued to 
potential respondents. Following standard practice in AD investigations 
involving market economy countries, Commerce would normally select 
respondents based on U.S. Customs and Border Protection (CBP) entry 
data for imports under the appropriate Harmonized Tariff Schedule of 
the United States (HTSUS) subheadings listed in the ``Scope of the 
Investigations'' in the Appendix. However, for these investigations, 
due to Commerce's determination that imports from Cambodia of solar 
cells are circumventing the AD order on solar cells from China,\52\ we 
cannot rely on CBP data in selecting respondents, and instead, we will 
rely on shipment data gathered by issuing Q&V questionnaires.
---------------------------------------------------------------------------

    \51\ See Petitions at Volume I (page 23 and Exhibit I-23); see 
also General Issues Errata at 2 and Exhibit I-23; First General 
Issues Supplement at 1 and Exhibit I-Supp-1; and Second General 
Issues Supplement at 1 and Exhibit I-Supp2-2.
    \52\ See Antidumping and Countervailing Duty Orders on 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules, from the People's Republic of China: Final Scope 
Determination and Final Affirmative Determinations of Circumvention 
With Respect to Cambodia, Malaysia, Thailand, and Vietnam, 88 FR 
57419 (August 23, 2023) (Final Circumvention Determination).
---------------------------------------------------------------------------

    Commerce will issue Q&V questionnaires to all Cambodian companies 
identified in the Petition with complete address information. Commerce 
will also post the Q&V questionnaires along with filing instructions on 
Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of solar cells from Cambodia that do 
not receive Q&V questionnaires may still submit a response to the Q&V 
questionnaire and can obtain a copy of the Q&V questionnaire from 
Commerce's website. Responses to the Q&V questionnaire must be 
submitted by the relevant Cambodian producers/exporters no later than 
5:00 p.m. on May 28, 2024, which is two weeks from the signature date 
of this notice. An electronically filed document must be received 
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on 
the deadline noted above. Commerce intends to finalize its decision 
regarding respondent selection within 20 days of publication of this 
notice.

Malaysia and Thailand

    In the Petitions, the petitioner identified 27 companies in 
Malaysia and 23 companies in Thailand as producers or exporters of 
solar cells.\53\ In the event Commerce determines that the number of 
companies is large, and it cannot individually examine each company 
based upon Commerce's resources, where appropriate, Commerce intends to 
select mandatory respondents based on Q&V questionnaires issued to 
potential respondents. Following standard practice in AD investigations 
involving market economy countries, Commerce would normally select 
respondents based on CBP entry data for imports under the appropriate 
HTSUS subheadings listed in the ``Scope of the Investigations'' in the 
Appendix. However, for these investigations, due to Commerce's 
determination that imports from Malaysia and Thailand of solar cells 
are circumventing the AD order on solar cells from China,\54\ we cannot 
rely on CBP data in selecting respondents, and instead, we will rely on 
shipment data gathered by issuing Q&V questionnaires.
---------------------------------------------------------------------------

    \53\ See Petitions at Volume I (page 23 and Exhibit I-23); see 
also Errata to General Issues Supplement at 2 and Exhibit I-23; 
First General Issues Supplement at 1 and Exhibit I-Supp-1; and 
Second General Issues Supplement at 1 and Exhibit I-Supp2-2.
    \54\ See Final Circumvention Determination.
---------------------------------------------------------------------------

    Notwithstanding the decision to rely on Q&V questionnaires for 
respondent selection for Malaysia and Thailand, due to the large number 
of producers and/or exporters identified in the Petitions, Commerce has 
determined to limit the number of Q&V questionnaires that it will issue 
to producers and/or exporters based on CBP data for entries of solar 
cells under the appropriate HTSUS subheadings listed in the ``Scope of 
the Investigations,'' in the appendix. Accordingly, for Malaysia and 
Thailand, Commerce will send Q&V questionnaires to the largest 
producers and/or exporters that are identified in the CBP entry data 
for which there is complete address information on the record.
    Commerce will also post the Q&V questionnaires along with filing 
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of solar cells from Malaysia 
and Thailand that do not receive Q&V questionnaires may still submit a 
response to the Q&V questionnaire and can obtain a copy of the Q&V 
questionnaire from Commerce's website. Responses to the Q&V 
questionnaire must be submitted by the relevant Malaysian or Thai 
producers/exporters no later than 5:00 p.m. on May 28, 2024, which is 
two weeks from the signature date of this notice. An electronically 
filed document must be received successfully, in its entirety, by 
ACCESS no later than 5:00 p.m. ET on the deadline noted above. Commerce 
intends to finalize its decision regarding respondent selection within 
20 days of publication of this notice.

Vietnam

    In the Petitions, the petitioner named 50 companies in Vietnam as 
producers and/or exporters of solar cells.\55\ Our standard practice 
for respondent selection in AD investigations involving NME countries 
is to select respondents based on Q&V questionnaires in cases where we 
have determined that the number of companies is large and it cannot 
individually examine each company based upon its resources. Therefore, 
considering the number of producers and/or exporters identified in the 
Petitions, Commerce will solicit Q&V information that can serve as a 
basis for selecting exporters for individual examination in the event 
that Commerce determines that the number is large and decides to limit 
the number of respondents individually examined pursuant to section 
777A(c)(2) of the Act. Because there are 50 Vietnamese producers and/or 
exporters identified in the Petitions, Commerce has determined that it 
will issue Q&V questionnaires to the largest producers and/or exporters 
that are identified in the CBP data for which there is complete address 
information on the record.
---------------------------------------------------------------------------

    \55\ See Petitions at Volume I (page 23 and Exhibit I-23); see 
also Errata to General Issues Supplement at 2 and Exhibit I-23; 
First General Issues Supplement at 1 and Exhibit I-Supp-1; and 
Second General Issues Supplement at 1 and Exhibit I-Supp2-2.
---------------------------------------------------------------------------

    Commerce will also post the Q&V questionnaires along with filing 
instructions on Commerce's website at

[[Page 43814]]

https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers 
of solar cells from Vietnam that do not receive Q&V questionnaires may 
still submit a response to the Q&V questionnaire and can obtain a copy 
of the Q&V questionnaire from Commerce's website. Responses to the Q&V 
questionnaire must be submitted by the relevant Vietnamese producers/
exporters no later than 5:00 p.m. on May 28, 2024, which is two weeks 
from the signature date of this notice. An electronically filed 
document must be received successfully, in its entirety, by ACCESS no 
later than 5:00 p.m. ET on the deadline noted above. Commerce intends 
to finalize its decision regarding respondent selection within 20 days 
of publication of this notice.
    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305(b). As stated above, instructions 
for filing such applications may be found on Commerce's website at 
https://www.trade.gov/administrative-protective-orders.

Separate Rates

    In order to obtain separate rate status in an NME investigation, 
exporters and producers must submit a separate rate application. The 
specific requirements for submitting a separate rate application in an 
NME investigation are outlined in detail in the application itself, 
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be 
due 30 days after publication of this initiation notice. Exporters and 
producers must file a timely separate rate application if they want to 
be considered for individual examination. Exporters and producers who 
submit a separate rate application and have been selected as mandatory 
respondents will be eligible for consideration for separate rate status 
only if they respond to all parts of Commerce's AD questionnaire as 
mandatory respondents. Commerce requires that companies from Vietnam 
submit a response both to the Q&V questionnaire and to the separate 
rate application by the respective deadlines to receive consideration 
for separate rate status. Companies not filing a timely Q&V 
questionnaire response will not receive separate rate consideration.

Use of Combination Rates

    Commerce will calculate combination rates for certain respondents 
that are eligible for a separate rate in an NME investigation. The 
Separate Rates and Combination Rates Bulletin states:

{w{time} hile continuing the practice of assigning separate rates 
only to exporters, all separate rates that {Commerce{time}  will now 
assign in its NME investigation will be specific to those producers 
that supplied the exporter during the period of investigation. Note, 
however, that one rate is calculated for the exporter and all of the 
producers which supplied subject merchandise to it during the period 
of investigation. This practice applies both to mandatory 
respondents receiving an individually calculated separate rate as 
well as the pool of non-investigated firms receiving the {weighted 
average{time}  of the individually calculated rates. This practice 
is referred to as the application of ``combination rates'' because 
such rates apply to specific combinations of exporters and one or 
more producers. The cash-deposit rate assigned to an exporter will 
apply only to merchandise both exported by the firm in question and 
produced by a firm that supplied the exporter during the period of 
investigation.\56\
---------------------------------------------------------------------------

    \56\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigation involving NME Countries,'' (April 
5, 2005) at 6 (emphasis added), available on Commerce's website at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
---------------------------------------------------------------------------

Distribution of Copies of the Petitions

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), copies of the public version of the Petitions have been 
provided to the governments of Cambodia, Malaysia, Thailand, and 
Vietnam via ACCESS. To the extent practicable, we will attempt to 
provide a copy of the public version of the Petitions to each exporter 
named in the Petitions, as provided under 19 CFR 351.203(c)(2).

ITC Notification

    Commerce will notify the ITC of our initiation, as required by 
section 732(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petitions were filed, whether there is a reasonable 
indication that imports of solar cells from Cambodia, Malaysia, and 
Thailand, and/or Vietnam are materially injuring, or threatening 
material injury to, a U.S. industry.\57\ A negative ITC determination 
for any country will result in the investigation being terminated with 
respect to that country.\58\ Otherwise, these LTFV investigations will 
proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------

    \57\ See section 733(a) of the Act.
    \58\ Id.
---------------------------------------------------------------------------

Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by Commerce; and (v) evidence other than factual 
information described in (i)-(iv). Section 351.301(b) of Commerce's 
regulations requires any party, when submitting factual information, to 
specify under which subsection of 19 CFR 351.102(b)(21) the information 
is being submitted \59\ and, if the information is submitted to rebut, 
clarify, or correct factual information already on the record, to 
provide an explanation identifying the information already on the 
record that the factual information seeks to rebut, clarify, or 
correct.\60\ Time limits for the submission of factual information are 
addressed in 19 CFR 351.301, which provides specific time limits based 
on the type of factual information being submitted. Interested parties 
should review the regulations prior to submitting factual information 
in these investigations.
---------------------------------------------------------------------------

    \59\ See 19 CFR 351.301(b).
    \60\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------

Particular Market Situation Allegation

    Section 773(e) of the Act addresses the concept of particular 
market situation (PMS) for purposes of CV, stating that ``if a 
particular market situation exists such that the cost of materials and 
fabrication or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation methodology under 
this subtitle or any other calculation methodology.'' When an 
interested party submits a PMS allegation pursuant to section 773(e) of 
the Act (i.e., a cost-based PMS allegation), Commerce will respond to 
such a submission consistent with 19 CFR 351.301(c)(2)(v). If Commerce 
finds that a cost-based PMS exists under section 773(e) of the Act, 
then it will modify its dumping calculations appropriately.
    Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v), 
sets a deadline for the submission of cost-based PMS allegations and 
supporting factual information. However, in order to administer section 
773(e) of the Act, Commerce must receive PMS allegations and supporting 
factual information with enough time to consider the submission. Thus, 
should an interested party wish to submit a cost-based PMS allegation 
and supporting new factual information pursuant to section 773(e) of 
the Act, it must do so no later than 20 days after

[[Page 43815]]

submission of a respondent's initial section D questionnaire response.
    We note that a PMS allegation filed pursuant to sections 
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a 
respondent's initial section B questionnaire response, in accordance 
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).

Extensions of Time Limits

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by Commerce. In general, an extension request will 
be considered untimely if it is filed after the expiration of the time 
limit established under 19 CFR 351.301, or as otherwise specified by 
Commerce.\61\ For submissions that are due from multiple parties 
simultaneously, an extension request will be considered untimely if it 
is filed after 10:00 a.m. ET on the due date. Under certain 
circumstances, Commerce may elect to specify a different time limit by 
which extension requests will be considered untimely for submissions 
which are due from multiple parties simultaneously. In such a case, we 
will inform parties in a letter or memorandum of the deadline 
(including a specified time) by which extension requests must be filed 
to be considered timely. An extension request must be made in a 
separate, standalone submission; under limited circumstances we will 
grant untimely filed requests for the extension of time limits, where 
we determine, based on 19 CFR 351.302, that extraordinary circumstances 
exist. Parties should review Commerce's regulations concerning the 
extension of time limits and the Time Limits Final Rule prior to 
submitting factual information in these investigations.\62\
---------------------------------------------------------------------------

    \61\ See 19 CFR 351.301; see also Extension of Time Limits; 
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final 
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
    \62\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\63\ 
Parties must use the certification formats provided in 19 CFR 
351.303(g).\64\ Commerce intends to reject factual submissions if the 
submitting party does not comply with the applicable certification 
requirements.
---------------------------------------------------------------------------

    \63\ See section 782(b) of the Act.
    \64\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional 
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. Parties wishing to participate 
in these investigations should ensure that they meet the requirements 
of 19 CFR 351.103(d) (e.g., by filing the required letter of 
appearance). Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\65\
---------------------------------------------------------------------------

    \65\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR 
67069 (September 29, 2023).
---------------------------------------------------------------------------

    This notice is issued and published pursuant to sections 732(c)(2) 
and 777(i) of the Act, and 19 CFR 351.203(c).

    Dated: May 14, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

Scope of the Investigations

    The merchandise covered by these investigations 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 investigations 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 investigations.
    Excluded from the scope of the investigations 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 investigations are 
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 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 investigations 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 investigations 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 8 mm 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 investigations: 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)

[[Page 43816]]

must include a permanently connected wire that terminates in a 
twoport rectangular connector.
    Additionally excluded from the scope of these investigations 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 8 mm diameter male barrel connector.
    Also excluded from the scope of these investigations 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 (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 two-port rounded rectangular, sealed connector; (H) 
include a thermistor installed into the permanently connected wire 
before the twoport connector; and (I) include exposed positive and 
negative terminals at opposite ends of the panel, not enclosed in a 
junction box.
    Modules, laminates, and panels produced in a third-country from 
cells produced in a subject country are covered by the 
investigations; however, modules, laminates, and panels produced in 
a subject country from cells produced in a third-country are not 
covered by the investigations.
    Also excluded from the scope of these investigations are all 
products covered by the scope of the antidumping and countervailing 
duty orders on 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); and 
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).
    Merchandise covered by the investigations is currently 
classified in the Harmonized Tariff System of the United States 
(HTSUS) under subheadings 8541.42.0010 and 8541.43.0010. Imports of 
the subject merchandise may enter under HTSUS subheadings 
8501.71.0000, 8501.72.1000, 8501.72.2000, 8501.72.3000, 
8501.72.9000, 8501.80.1000, 8501.80.2000, 8501.80.3000, 
8501.80.9000, 8507.20.8010, 8507.20.8031, 8507.20.8041, 
8507.20.8061, and 8507.20.8091. These HTSUS subheadings are provided 
for convenience and customs purposes; the written description of the 
scope of the investigations is dispositive.

[FR Doc. 2024-11031 Filed 5-17-24; 8:45 am]
BILLING CODE 3510-DS-P