Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Initiation and Preliminary Results of Changed Circumstances Review, 53388-53392 [2024-14033]
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Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices
contact the Regional Programs
Coordination Unit at ebohor@usccr.gov.
Agenda
1. Welcome & Roll Call
2. Committee Discussion on Project
Regarding the Civil Rights Impacts
of the Insular Cases in Puerto Rico
3. Next Steps
4. Public Comment
5. Other Business
6. Adjourn
Dated: June 21, 2024.
David Mussatt,
Supervisory Chief, Regional Programs Unit.
[FR Doc. 2024–13993 Filed 6–25–24; 8:45 am]
BILLING CODE 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: Initiation and Preliminary
Results of Changed Circumstances
Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is initiating and
issuing preliminary results of changed
circumstances reviews (CCR) 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
Hanwha Q CELLS Malaysia Sdn. Bhd.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 26, 2024.
FOR FURTHER INFORMATION CONTACT:
Peter Shaw, 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) 482–0697.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
On August 23, 2023, Commerce
published in the Federal Register the
final affirmative determination of
circumvention with respect to
Malaysia.1 On May 6, 2024, Hanwha Q
1 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
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18:15 Jun 25, 2024
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CELLS Sdn. Bhd. and Hanwha Q Cells
USA, Inc. (collectively, Hanwha)
requested, through a CCR request, that
Commerce amend the certification
requirements for Hanwha, pursuant to
section 751(b) of the Tariff Act of 1930,
as amended (the Act), 19 CFR
351.216(b), and 19 CFR 351.221(c)(3).2
Specifically, Hanwha requested a CCR
to amend the Appendix V certification
for Hanwha, provided in the Solar Cells
Circumvention, to add additional wafer
suppliers.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.4
These Orders cover crystalline silicon
photovoltaic cells of thickness equal to
or greater than 20 micrometers, having
a p/n junction formed by any means,
whether or not the cell has undergone
other processing, including, but not
limited to, cleaning, etching, coating,
and/or addition of materials (including,
but not limited to, metallization and
conductor patterns) to collect and
forward the electricity that is generated
by the cell.
Merchandise under consideration
may be described at the time of
importation as parts for final finished
products that are assembled after
importation, including, but not limited
to, modules, laminates, panels,
Determination and Final Affirmative
Determinations of Circumvention with Respect to
Cambodia, Malaysia, Thailand, and Vietnam, 88 FR
57419 (August 23, 2023) (Solar Cells
Circumvention), and accompanying Malaysia Issues
and Decision Memorandum (Malaysia IDM).
2 See Hanwha’s Letter, ‘‘Resubmission of Hanwha
Q CELLS USA, Inc. and Hanwha Q CELLS Malaysia
Sdn. Bhd.’s Request for Changed Circumstances
Review,’’ dated May 6, 2024 (Hanwha CCR
Request).
3 Id. at 2.
4 See 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); see also
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)
(collectively, Orders). On March 20, 2024, based on
a CCR, Commerce amended the Orders. See
Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People’s
Republic of China: Final Results of Changed
Circumstances Reviews, and Revocation of the
Antidumping and Countervailing Duty Orders, in
Part, 89 FR 19809 (March 20, 2024).
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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 10,000
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 Orders are panels with
surface area from 3,450 mm2 to 33,782
mm2 with one black wire and one red
wire (each of type 22 AWG or 24 AWG
not more than 206 mm in length when
measured from panel extrusion), and
not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
exclusion, no panel shall contain an
internal battery or external computer
peripheral ports.
Also excluded from the scope of the
Orders are:
1. Off grid CSPV panels in rigid form
with a glass cover, with the following
characteristics:
(A) a total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) must include a permanently
connected wire that terminates in either
an 8mm male barrel connector, or a twoport rectangular connector with two
pins in square housings of different
colors;
(E) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(F) must be in individual retail
packaging (for purposes of this
provision, retail packaging typically
includes graphics, the product name, its
description and/or features, and foam
for transport); and
2. Off grid CSPV panels without a
glass cover, with the following
characteristics:
(A) a total power output of 100 watts
or less per panel;
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(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.
Additionally excluded from the scope
of the Orders are off-grid small portable
crystalline silicon photovoltaic panels,
with or without a glass cover, with the
following characteristics: (1) a total
power output of 200 watts or less per
panel; (2) a maximum surface area of
16,000 cm2 per panel; (3) no built-in
inverter; (4) an integrated handle or a
handle attached to the package for ease
of carry; (5) one or more integrated
kickstands for easy installation or angle
adjustment; and (6) a wire of not less
than 3 meters either permanently
connected or attached to the package
that terminates in an 8mm diameter
male barrel connector.
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 this Order 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
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panel; (2) a maximum surface area of
16,000 cm2 per panel; (3) no built-in
inverter; (4) an integrated handle or a
handle attached to the package for ease
of carry; (5) one or more integrated
kickstands for easy installation or angle
adjustment; and (6) a wire of not less
than 3 meters either permanently
connected or attached to the package
that terminates in an 8mm diameter
male barrel connector.
Also excluded from the scope of this
Orders 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.
Merchandise covered by the Orders is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under 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, 8507.20.8091,
8541.42.0010, and 8541.43.0010. These
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
Order is dispositive.5
Proposed Amendment of the Appendix
V Certification
Hanwha requested that the Appendix
V Certification provided for Hanwha in
the Solar Cells Circumvention be
amended to include additional
5 See
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53389
unaffiliated wafer suppliers.6 See the
appendix to this notice for the amended
version of the Appendix V
Certification.7
Initiation of CCRs
Pursuant to section 751(b)(1) of the
Act, Commerce will conduct a CCR
upon receipt of a request from an
interested party that shows changed
circumstances sufficient to warrant a
review of the Orders. In accordance
with 19 CFR 351.216(d), Commerce
determines that the information
submitted by Hanwha shows changed
circumstances sufficient to warrant a
review of the Orders.
Therefore, in accordance with section
751(b)(1) of the Act, and 19 CFR
351.216(d), we are initiating a CCR
based on the information contained in
Hanwha’s CCR request. In addition,
Commerce’s regulations at 19 CFR
351.221(c)(3)(ii) permit it to initiate a
CCR and issue the preliminary results of
that CCR simultaneously if it concludes
that expedited action is warranted. We
have on the record the information
necessary to make a preliminary finding
and therefore we find that expedited
action is warranted. Consequently, we
are combining the notice of initiation
and the preliminary results of review
into a single notice, in accordance with
19 CFR 351.221(c)(3)(ii).
Preliminary Results of CCR
In the Solar Cells Circumvention,
Commerce made its negative
circumvention determination for
Hanwha based on a direct comparison
between Hanwha and its affiliates in the
country subject to the Orders when
examining the criteria under section
781(b)(2) of the Act. As noted in the
Solar Cells Circumvention Malaysia
IDM, Hanwha reported that it sourced
inputs solely from unaffiliated suppliers
and did not have any upstream input
affiliates in China.8 Specifically,
Hanwha reported that it purchased
Chinese-origin wafers from unaffiliated
suppliers from China. Thus, according
to our analysis methodology, and
because Hanwha did not source from
upstream affiliates in China, we found
that its level of investment, research and
development, and the extent of
production facilities in Malaysia were
6 See
Hanwha CCR Request.
have afforded business proprietary
information (BPI) treatment to the names of the
wafer exporters. See Memorandum, ‘‘Initiation and
Preliminary Results of Changed Circumstances
Review—BPI Addendum,’’ dated concurrently with
this notice.
8 See Solar Cells Circumvention Malaysia IDM at
Comment 9.
7 We
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not minor or insignificant.9
Additionally, Commerce’s analysis
methodology was performed on the
particular supply chains reported by
each mandatory respondent. Therefore,
Commerce specifically stated in the
underlying circumvention inquiry that
that Hanwha’s exports of inquiry
merchandise produced with wafers
exported by the specific parties reported
in its questionnaire responses are not
subject to the Orders.10 Given our
analysis noted above, Commerce
established the certification under
Appendix V to provide companies
found not to be circumventing on a
company-specific basis the ability to
certify that their specific supply chain is
not subject to the Orders.
In this CCR request, Hanwha is
requesting two new input suppliers be
added to Hanwha’s Appendix V
certification that were not previously
examined in the circumvention inquiry.
As noted by Hanwha in its CCR request,
these new input suppliers are
unaffiliated suppliers providing
Chinese-origin wafers produced by
themselves or other wafer producers
unaffiliated with Hanwha for Hanwha’s
production in Malaysia. As a result, we
find that the addition of these new
wafer suppliers to the certification
regime does not undermine the analysis
and negative circumvention
determination made in the underlying
inquiry.
As such, because amending the
certification with the new wafer
suppliers requested by Hanwha in this
CCR request would not change the
underlying analysis of our
circumvention inquiry, we preliminarily
determine that it would be appropriate
to amend the certification by adding the
additional wafer suppliers identified by
Hanwha.
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Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
to Commerce no later than 30 days after
the publication of this notice in the
Federal Register. Rebuttal briefs,
limited to issues raised in case briefs,
may be submitted no later than five days
after the deadline for filing case briefs.11
Interested parties who submit case
briefs or rebuttal briefs in this
proceeding must submit: (1) a table of
contents listing each issue; and (2) a
Final Results
Unless the deadline is extended,
pursuant to 19 CFR 351.216(e),
Commerce intends to issue the final
results of this CCR no later than 270
12 See
9 Id.
10 Id.
at Comment 17.
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Procedures).
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table of authorities.12 All briefs must be
filed electronically using Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
An electronically filed document must
be received successfully in its entirety
in ACCESS by 5:00 p.m. Eastern Time
on the established deadline.
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this CCR, we
instead request that interested parties
provide at the beginning of their briefs
a public, executive summary for each
issue raised in their briefs.13 Further, we
request that interested parties limit their
public executive summary of each issue
to no more than 450 words, not
including citations. We intend to use
the public executive summaries as the
basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final results in this CCR. We request that
interested parties include footnotes for
relevant citations in the public
executive summary of each issue. Note
that Commerce has amended certain of
its requirements pertaining to the
service of documents in 19 CFR
351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice. Requests
should contain: (1) the party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
issues to be discussed. Issues raised in
the hearing will be limited to those
raised in the respective case briefs. If a
request for a hearing is made, Commerce
will inform parties of the scheduled
date for the hearing.15 Parties should
confirm the date and the time of the
hearing two days before the scheduled
date.
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19 CFR 351.309(c)(2) and (d)(2).
use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See APO and Service Procedures.
15 See 19 CFR 351.310(d).
13 We
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days after the date on which this review
was initiated or 45 days if all parties
agree to the outcome of the review.
Notification to Interested Parties
This initiation notice and preliminary
results are published in accordance with
section 751(b)(1) of the Act, 19 CFR
351.221(b)(1), and 19 CFR
351.221(c)(3)(ii).
Dated: June 20, 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
Proposed Amended Appendix V
Certification
Certification for Entries of Inquiry
Merchandise From Companies Found Not To
Be Circumventing
Company Name: Hanwha Q CELLS
Malaysia Sdn. Bhd.
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY
OFFICIAL’S NAME} and I am an official of
{NAME OF IMPORTING COMPANY},
located at {ADDRESS OF IMPORTING
COMPANY}.
(B) I have direct personal knowledge of the
facts regarding importation of the solar cells
and solar modules produced in Malaysia that
were entered into the Customs territory of the
United States under the entry summary
number(s) identified below which are
covered by this certification. ‘‘Direct personal
knowledge’’ refers to the facts the certifying
party is expected to have in its own records.
For example, the importer should have direct
personal knowledge of the exporter and/or
seller’s identity and location.
(C) If the importer is acting on behalf of the
first U.S. customer, include the following
sentence as paragraph C of this certification:
The solar cells and/or solar modules
covered by this certification were imported
by {NAME OF IMPORTING COMPANY} on
behalf of {NAME OF U.S. CUSTOMER},
located at {ADDRESS OF U.S. CUSTOMER}.
If the importer is not acting on behalf of
the first U.S. customer, include the following
sentence as paragraph C of this certification:
{NAME OF IMPORTING COMPANY} is
not acting on behalf of the first U.S.
customer.
(D) The solar cells and/or solar modules
covered by this certification were shipped to
{NAME OF PARTY IN THE UNITED
STATES TO WHOM THE MERCHANDISE
WAS FIRST SHIPPED}, located at {U.S.
ADDRESS TO WHICH MERCHANDISE WAS
SHIPPED}.
(E) I have personal knowledge of the facts
regarding the production and exportation of
the solar cells and modules identified below.
‘‘Personal knowledge’’ includes facts
obtained from another party, (e.g.,
correspondence received by the importer (or
exporter) from the producer of the imported
products regarding production).
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(F) The solar cells and/or solar modules
covered by this certification were:
1. Sold to the United States by Hanwha Q
CELLS Malaysia Sdn. Bhd.
2. Exported to the United States by
Hanwha Q CELLS Malaysia Sdn. Bhd.
3. Produced in Malaysia by Hanwha Q
CELLS Malaysia Sdn. Bhd., using wafers
manufactured in the People’s Republic of
China that were exported to Malaysia by:
{CHECK THE RELEVANT WAFER
EXPORTERS BELOW} (we have afforded
business proprietary information (BPI)
treatment to the names of the wafer
exporters; for a table of the names of the
wafer exporters, which must be included as
part of this paragraph in the certificate
submitted to CBP—please refer to the
proprietary version of this certification on
ACCESS).
(G) The U.S. Department of Commerce
(Commerce) found that solar cells and/or
solar modules produced by Hanwha Q
CELLS Malaysia Sdn. Bhd., using wafers
manufactured in China that were exported by
the wafer supplier(s) listed in item F above,
and exported by Hanwha Q CELLS Malaysia
Sdn. Bhd. are not circumventing the
antidumping duty and countervailing duty
orders on crystalline silicon photovoltaic
cells, whether or not assembled into
modules, from the People’s Republic of
China.
(H) This certification applies to the
following entries (repeat this block as many
times as necessary):
Entry Summary #:
Applicable Line Item # of the Entry
Summary:
Foreign Seller’s Invoice #:
Applicable Line Item # on the Foreign
Seller’s Invoice:
(I) I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification (i.e., documents maintained in
the normal course of business, or documents
obtained by the certifying party, for example,
product specification sheets, production
records, invoices, etc.) until the later of: (1)
the date that is five years after the latest entry
date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in
United States courts regarding such entries.
(J) I understand that {NAME OF
IMPORTING COMPANY} is required to
maintain a copy of the exporter’s certification
(attesting to information regarding the
production and/or exportation of the
imported merchandise identified above), and
any supporting documentation provided to
the importer by the exporter, until the later
of: (1) the date that is five years after the
latest entry date of the entries covered by the
certification; or (2) the date that is three years
after the conclusion of any litigation in
United States courts regarding such entries.
(K) I understand that {NAME OF
IMPORTING COMPANY} is required to
provide U.S. Customs and Border Protection
(CBP) and/or Commerce with the importer
certification, and any supporting
documentation, and a copy of the exporter’s
certification, and any supporting
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18:15 Jun 25, 2024
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documentation provided to the importer by
the exporter, upon the request of either
agency.
(L) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(M) I understand that failure to maintain
the required certifications and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all entries to which this
certification applies are entries of
merchandise that is covered by the scope of
the antidumping and countervailing duty
orders on solar cells and solar modules from
China. I understand that such a finding will
result in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
antidumping duty and countervailing duty
cash deposits determined by Commerce; and
(iii) the importer no longer being allowed
to participate in the certification process.
(N) I understand that agents of the
importer, such as brokers, are not permitted
to make this certification.
(O) This certification was completed and
signed on, or prior to, the date of the entry
summary if the entry date is more than 14
days after the date of publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the entry date is on or
before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed by no later than 45
days after publication of the notice of
Commerce’s preliminary determination of
circumvention in the Federal Register.
(P) I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
lll
Date
Exporter Certification
Certification for Entries of Inquiry
Merchandise From Companies Found Not To
Be Circumventing
Company Name: Hanwha Q CELLS
Malaysia Sdn. Bhd.
The party that made the sale to the United
States should fill out the exporter
certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL’S
NAME} and I am an official of {NAME OF
COMPANY}, located at {ADDRESS OF
COMPANY}.
(B) I have direct personal knowledge of the
facts regarding the production and
exportation of the solar cells and solar
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53391
modules for which sales are identified below.
‘‘Direct personal knowledge’’ refers to facts
the certifying party is expected to have in its
own records. For example, an exporter
should have direct personal knowledge of the
producer’s identity and location.
(C) The solar cells and/or solar modules
covered by this certification were shipped to
{NAME OF PARTY IN THE UNITED
STATES TO WHOM MERCHANDISE WAS
FIRST SHIPPED}, located at {U.S. ADDRESS
TO WHICH MERCHANDISE WAS
SHIPPED}.
(D) The solar cells and/or solar modules
covered by this certification were:
1. Sold to the United States by Hanwha Q
CELLS Malaysia Sdn. Bhd.
2. Exported to the United States by
Hanwha Q CELLS Malaysia Sdn. Bhd.
3. Produced in Malaysia by Hanwha Q
CELLS Malaysia Sdn. Bhd. using wafers
manufactured in the People’s Republic of
China (China) that were exported to Malaysia
by: {CHECK THE RELEVANT WAFER
EXPORTERS BELOW}
(We have afforded business proprietary
information (BPI) treatment to the names of
the wafer exporters; for a table of the names
of the wafer exporters, which must be
included as part of this paragraph in the
certificate submitted to CBP—please refer to
the proprietary version of this certification on
ACCESS).
(E) The U.S. Department of Commerce
(Commerce) found that solar cells and/or
solar modules produced by Hanwha Q
CELLS Malaysia Sdn. Bhd., using wafers
manufactured in China that were exported by
the wafer supplier(s) listed in item D above,
and exported by Hanwha Q CELLS Malaysia
Sdn. Bhd. are not circumventing the
antidumping duty and countervailing duty
orders on crystalline silicon photovoltaic
cells, whether or not assembled into
modules, from the People’s Republic of
China.
(F) This certification applies to the
following sales to {NAME OF U.S.
CUSTOMER}, located at {ADDRESS OF U.S.
CUSTOMER} (repeat this block as many
times as necessary):
# of the Foreign Seller’s Invoice to the U.S.
Customer:
Applicable Line Item # of the Foreign Seller’s
Invoice to the U.S. Customer:
(G) I understand that Hanwha Q CELLS
Malaysia Sdn. Bhd. is required to maintain
a copy of this certification and sufficient
documentation supporting this certification
(i.e., documents maintained in the normal
course of business, or documents obtained by
the certifying party, for example, product
specification sheets, customer specification
sheets, production records, invoices, etc.)
until the later of: (1) the date that is five years
after the latest entry date of the entries
covered by the certification; or (2) the date
that is three years after the conclusion of any
litigation in United States courts regarding
such entries.
(H) I understand that Hanwha Q CELLS
Malaysia Sdn. Bhd. is required to provide the
U.S. importer with a copy of this certification
and is required to provide U.S. Customs and
Border Protection (CBP) and/or Commerce
with a copy of this certification, and any
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53392
Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Notices
supporting documents, upon the request of
either agency.
(I) I understand that the claims made
herein, and the substantiating
documentation, are subject to verification by
CBP and/or Commerce.
(J) I understand that failure to maintain the
required certification and supporting
documentation, or failure to substantiate the
claims made herein, or not allowing CBP
and/or Commerce to verify the claims made
herein, may result in a de facto
determination that all sales to which this
certification applies are sales of merchandise
that is covered by the scope of the
antidumping and countervailing duty orders
on solar cells and solar modules from China.
I understand that such a finding will result
in:
(i) suspension of liquidation of all
unliquidated entries (and entries for which
liquidation has not become final) for which
these requirements were not met;
(ii) the importer being required to post the
antidumping and countervailing duty cash
deposits determined by Commerce; and
(iii) the seller/exporter no longer being
allowed to participate in the certification
process.
(K) I understand that agents of the exporter,
such as freight forwarding companies or
brokers, are not permitted to make this
certification.
(L) This certification was completed and
signed, and a copy of the certification was
provided to the importer, on, or prior to, the
date of shipment if the shipment date is more
than 14 days after the date of publication of
the notice of Commerce’s preliminary
determination of circumvention in the
Federal Register. If the shipment date is on
or before the 14th day after the date of
publication of the notice of Commerce’s
preliminary determination of circumvention
in the Federal Register, this certification was
completed and signed, and a copy of the
certification was provided to the importer, by
no later than 45 days after publication of the
notice of Commerce’s preliminary
determination of circumvention in the
Federal Register.
(M) I am aware that U.S. law (including,
but not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make materially
false statements to the U.S. government.
Signature
{NAME OF COMPANY OFFICIAL}
{TITLE OF COMPANY OFFICIAL}
lll
Date
[FR Doc. 2024–14033 Filed 6–25–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–848, A–570–972]
Stilbenic Optical Brightening Agents
From Taiwan and the People’s
Republic of China: Notice of Court
Decision Not in Harmony With the
Results of Antidumping Sunset
Reviews, Reinstatement of
Antidumping Duty Orders, and
Reconduction of Sunset Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 28, 2024, the U.S.
Court of International Trade (CIT)
issued its final judgment in Archroma
U.S., Inc., v. United States et al., Court
No. 22–00354, finding that the
regulatory provision upon which the
U.S. Department of Commerce relied to
revoke the antidumping duty orders on
stilbenic optical brightening agents
(OBAs) from Taiwan and the People’s
Republic of China (China) violates
section 751(c) of the Tariff Act of 1930,
as amended (the Act) and ordering the
U.S. Department of Commerce
(Commerce) to: accept the domestic
interested party Archroma U.S., Inc.’s
(Archroma) substantive response; and
conduct a full sunset reviews of these
orders. Commerce is notifying the
public that the CIT’s final judgment is
not in harmony with Commerce’s final
results of the sunset reviews, and that
Commerce intends to: reinstate the
antidumping duty orders on OBAs from
Taiwan and China; accept Archroma’s
substantive response; and conduct full
sunset reviews of these orders under
section 751(c)(1) and (d)(2) of the Act.
Commerce will begin reconducting the
sunset reviews on July 1, 2024.
DATES: Applicable June 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Joshua Weiner, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3902.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 10, 2012, Commerce
published the antidumping duty orders
on OBAs from Taiwan and China in the
Federal Register.1 On October 3, 2022,
1 See Certain Stilbenic Optical Brightening Agents
from Taiwan: Amended Final Determination of
Sales at Less Than Fair Value and Antidumping
Duty Order, 77 FR 27419 (May 10, 2012); and
Certain Stilbenic Optical Brightening Agents from
the People’s Republic of China: Amended Final
VerDate Sep<11>2014
18:15 Jun 25, 2024
Jkt 262001
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Commerce initiated the sunset reviews
of the Orders.2
Pursuant to 19 CFR 351.218(d), the
publication of a sunset review notice of
initiation in the Federal Register
establishes two deadlines: a 15-day
notice of intent to participate; and a 30day submission of ‘‘complete
substantive responses.’’ On October 24,
2022, six days after the 15-day deadline
(i.e., October 18, 2022), Archroma
submitted its notice of intent to
participate in the sunset reviews of the
Orders; Archroma submitted its
substantive response by the requisite
deadline. Consequently, Commerce
rejected Archroma’s notice of intent to
participate because it was untimely, and
consequently rejected Archroma’s
substantive response as unsolicited due
to Archroma’s failure to submit a timely
notice of intent to participate.3 Despite
Archroma’s subsequent requests for
reconsideration,4 Commerce made no
change to its decisions in this regard.5
On December 29, 2022, Commerce
issued its final results in the sunset
reviews of the Orders.6 Because no
domestic interested party responded to
Commerce’s notice of initiation by the
applicable deadline, Commerce revoked
the Orders consistent with section
751(c)(3)(A) of the Act.7 Archroma
subsequently challenged Commerce’s
Final Results at the CIT on that same
day.
The CIT held that Commerce could
not lawfully revoke the Orders solely
due to a domestic interested party’s
untimely filing of a notice of intent to
participate.8 The CIT elaborated that
section 751(c) of the Act allows for
Commerce to revoke an order only if no
domestic interested party provides an
‘‘answer to a solicitation for the
substantive content that {section
Determination of Sales at Less Than Fair Value and
Antidumping Duty Order, 77 FR 27423 (May 10,
2012) (collectively, Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 59779 (October 3, 2022).
3 See Commerce’s Letter, ‘‘Five-Year (‘‘Sunset’’)
Review of the Antidumping Duty Orders on
Stilbenic Optical Brightening Agents from China
and Taiwan: Rejection of Notice of Intent to
Participate,’’ dated October 28, 2022; see also
Memorandum, ‘‘Rejection of Certain Documents in
ACCESS,’’ dated November 9, 2022.
4 See Archroma’s Letters, ‘‘Request for
Reconsideration,’’ dated November 11, 2022; and
‘‘Supplemental Request for Reconsideration,’’ dated
November 17, 2022.
5 See Commerce’s Letter, ‘‘Rejection of Request
for Reconsideration,’’ dated November 30, 2022.
6 See Stilbenic Optical Brightening Agents from
People’s Republic of China and Taiwan: Final
Results of Sunset Reviews and Revocation of Order,
87 FR 80162 (December 29, 2022) (Final Results).
7 Id.
8 See Archroma U.S., Inc., v. United States et al.,
Court No. 22–00354, Slip Op. 24–61 (CIT May 28,
2024).
E:\FR\FM\26JNN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Notices]
[Pages 53388-53392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14033]
=======================================================================
-----------------------------------------------------------------------
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: Initiation and
Preliminary Results of Changed Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is initiating and
issuing preliminary results of changed circumstances reviews (CCR) 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 Hanwha Q CELLS Malaysia Sdn. Bhd. Interested parties are
invited to comment on these preliminary results.
DATES: Applicable June 26, 2024.
FOR FURTHER INFORMATION CONTACT: Peter Shaw, 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) 482-0697.
SUPPLEMENTARY INFORMATION:
Background
On August 23, 2023, Commerce published in the Federal Register the
final affirmative determination of circumvention with respect to
Malaysia.\1\ On May 6, 2024, Hanwha Q CELLS Sdn. Bhd. and Hanwha Q
Cells USA, Inc. (collectively, Hanwha) requested, through a CCR
request, that Commerce amend the certification requirements for Hanwha,
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the
Act), 19 CFR 351.216(b), and 19 CFR 351.221(c)(3).\2\ Specifically,
Hanwha requested a CCR to amend the Appendix V certification for
Hanwha, provided in the Solar Cells Circumvention, to add additional
wafer suppliers.\3\ No interested parties filed comments opposing the
CCR request.
---------------------------------------------------------------------------
\1\ 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) (Solar Cells Circumvention), and
accompanying Malaysia Issues and Decision Memorandum (Malaysia IDM).
\2\ See Hanwha's Letter, ``Resubmission of Hanwha Q CELLS USA,
Inc. and Hanwha Q CELLS Malaysia Sdn. Bhd.'s Request for Changed
Circumstances Review,'' dated May 6, 2024 (Hanwha CCR Request).
\3\ Id. at 2.
---------------------------------------------------------------------------
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.\4\
---------------------------------------------------------------------------
\4\ See 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); see also
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) (collectively, Orders). On
March 20, 2024, based on a CCR, Commerce amended the Orders. See
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Final Results of
Changed Circumstances Reviews, and Revocation of the Antidumping and
Countervailing Duty Orders, in Part, 89 FR 19809 (March 20, 2024).
---------------------------------------------------------------------------
These Orders cover crystalline silicon photovoltaic cells of
thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, building-integrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of the Orders.
Excluded from the scope of the Orders are thin film photovoltaic
products produced from amorphous silicon (a-Si), cadmium telluride
(CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the Orders are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that
are permanently integrated into a consumer good whose function is other
than power generation and that consumes the electricity generated by
the integrated crystalline silicon photovoltaic 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;
[[Page 53389]]
(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.
Additionally excluded from the scope of the 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.
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 this Order 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.
Also excluded from the scope of this Orders 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.
Merchandise covered by the Orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
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, 8507.20.8091,
8541.42.0010, and 8541.43.0010. These HTSUS subheadings are provided
for convenience and customs purposes; the written description of the
scope of the Order is dispositive.\5\
---------------------------------------------------------------------------
\5\ See Orders.
---------------------------------------------------------------------------
Proposed Amendment of the Appendix V Certification
Hanwha requested that the Appendix V Certification provided for
Hanwha in the Solar Cells Circumvention be amended to include
additional unaffiliated wafer suppliers.\6\ See the appendix to this
notice for the amended version of the Appendix V Certification.\7\
---------------------------------------------------------------------------
\6\ See Hanwha CCR Request.
\7\ We have afforded business proprietary information (BPI)
treatment to the names of the wafer exporters. See Memorandum,
``Initiation and Preliminary Results of Changed Circumstances
Review--BPI Addendum,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Initiation of CCRs
Pursuant to section 751(b)(1) of the Act, Commerce will conduct a
CCR upon receipt of a request from an interested party that shows
changed circumstances sufficient to warrant a review of the Orders. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Hanwha shows changed circumstances sufficient
to warrant a review of the Orders.
Therefore, in accordance with section 751(b)(1) of the Act, and 19
CFR 351.216(d), we are initiating a CCR based on the information
contained in Hanwha's CCR request. In addition, Commerce's regulations
at 19 CFR 351.221(c)(3)(ii) permit it to initiate a CCR and issue the
preliminary results of that CCR simultaneously if it concludes that
expedited action is warranted. We have on the record the information
necessary to make a preliminary finding and therefore we find that
expedited action is warranted. Consequently, we are combining the
notice of initiation and the preliminary results of review into a
single notice, in accordance with 19 CFR 351.221(c)(3)(ii).
Preliminary Results of CCR
In the Solar Cells Circumvention, Commerce made its negative
circumvention determination for Hanwha based on a direct comparison
between Hanwha and its affiliates in the country subject to the Orders
when examining the criteria under section 781(b)(2) of the Act. As
noted in the Solar Cells Circumvention Malaysia IDM, Hanwha reported
that it sourced inputs solely from unaffiliated suppliers and did not
have any upstream input affiliates in China.\8\ Specifically, Hanwha
reported that it purchased Chinese-origin wafers from unaffiliated
suppliers from China. Thus, according to our analysis methodology, and
because Hanwha did not source from upstream affiliates in China, we
found that its level of investment, research and development, and the
extent of production facilities in Malaysia were
[[Page 53390]]
not minor or insignificant.\9\ Additionally, Commerce's analysis
methodology was performed on the particular supply chains reported by
each mandatory respondent. Therefore, Commerce specifically stated in
the underlying circumvention inquiry that that Hanwha's exports of
inquiry merchandise produced with wafers exported by the specific
parties reported in its questionnaire responses are not subject to the
Orders.\10\ Given our analysis noted above, Commerce established the
certification under Appendix V to provide companies found not to be
circumventing on a company-specific basis the ability to certify that
their specific supply chain is not subject to the Orders.
---------------------------------------------------------------------------
\8\ See Solar Cells Circumvention Malaysia IDM at Comment 9.
\9\ Id.
\10\ Id. at Comment 17.
---------------------------------------------------------------------------
In this CCR request, Hanwha is requesting two new input suppliers
be added to Hanwha's Appendix V certification that were not previously
examined in the circumvention inquiry. As noted by Hanwha in its CCR
request, these new input suppliers are unaffiliated suppliers providing
Chinese-origin wafers produced by themselves or other wafer producers
unaffiliated with Hanwha for Hanwha's production in Malaysia. As a
result, we find that the addition of these new wafer suppliers to the
certification regime does not undermine the analysis and negative
circumvention determination made in the underlying inquiry.
As such, because amending the certification with the new wafer
suppliers requested by Hanwha in this CCR request would not change the
underlying analysis of our circumvention inquiry, we preliminarily
determine that it would be appropriate to amend the certification by
adding the additional wafer suppliers identified by Hanwha.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs to Commerce no later than 30 days after the publication of
this notice in the Federal Register. Rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline for filing case briefs.\11\ Interested parties who submit
case briefs or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\12\ All briefs must be filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). An electronically filed
document must be received successfully in its entirety in ACCESS by
5:00 p.m. Eastern Time on the established deadline.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Procedures).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this CCR, we instead request that
interested parties provide at the beginning of their briefs a public,
executive summary for each issue raised in their briefs.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this CCR. We request that
interested parties include footnotes for relevant citations in the
public executive summary of each issue. Note that Commerce has amended
certain of its requirements pertaining to the service of documents in
19 CFR 351.303(f).\14\
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Procedures.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice. Requests should contain: (1) the party's
name, address, and telephone number; (2) the number of participants;
and (3) a list of issues to be discussed. Issues raised in the hearing
will be limited to those raised in the respective case briefs. If a
request for a hearing is made, Commerce will inform parties of the
scheduled date for the hearing.\15\ Parties should confirm the date and
the time of the hearing two days before the scheduled date.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
Final Results
Unless the deadline is extended, pursuant to 19 CFR 351.216(e),
Commerce intends to issue the final results of this CCR no later than
270 days after the date on which this review was initiated or 45 days
if all parties agree to the outcome of the review.
Notification to Interested Parties
This initiation notice and preliminary results are published in
accordance with section 751(b)(1) of the Act, 19 CFR 351.221(b)(1), and
19 CFR 351.221(c)(3)(ii).
Dated: June 20, 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
Proposed Amended Appendix V Certification
Certification for Entries of Inquiry Merchandise From Companies Found
Not To Be Circumventing
Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.
Importer Certification
I hereby certify that:
(A) My name is {IMPORTING COMPANY OFFICIAL'S NAME{time} and I
am an official of {NAME OF IMPORTING COMPANY{time} , located at
{ADDRESS OF IMPORTING COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding
importation of the solar cells and solar modules produced in
Malaysia that were entered into the Customs territory of the United
States under the entry summary number(s) identified below which are
covered by this certification. ``Direct personal knowledge'' refers
to the facts the certifying party is expected to have in its own
records. For example, the importer should have direct personal
knowledge of the exporter and/or seller's identity and location.
(C) If the importer is acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
The solar cells and/or solar modules covered by this
certification were imported by {NAME OF IMPORTING COMPANY{time} on
behalf of {NAME OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S.
CUSTOMER{time} .
If the importer is not acting on behalf of the first U.S.
customer, include the following sentence as paragraph C of this
certification:
{NAME OF IMPORTING COMPANY{time} is not acting on behalf of the
first U.S. customer.
(D) The solar cells and/or solar modules covered by this
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO
WHOM THE MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S.
ADDRESS TO WHICH MERCHANDISE WAS SHIPPED{time} .
(E) I have personal knowledge of the facts regarding the
production and exportation of the solar cells and modules identified
below. ``Personal knowledge'' includes facts obtained from another
party, (e.g., correspondence received by the importer (or exporter)
from the producer of the imported products regarding production).
[[Page 53391]]
(F) The solar cells and/or solar modules covered by this
certification were:
1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd.,
using wafers manufactured in the People's Republic of China that
were exported to Malaysia by: {CHECK THE RELEVANT WAFER EXPORTERS
BELOW{time} (we have afforded business proprietary information
(BPI) treatment to the names of the wafer exporters; for a table of
the names of the wafer exporters, which must be included as part of
this paragraph in the certificate submitted to CBP--please refer to
the proprietary version of this certification on ACCESS).
(G) The U.S. Department of Commerce (Commerce) found that solar
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn.
Bhd., using wafers manufactured in China that were exported by the
wafer supplier(s) listed in item F above, and exported by Hanwha Q
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty
and countervailing duty orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China.
(H) This certification applies to the following entries (repeat
this block as many times as necessary):
Entry Summary #:
Applicable Line Item # of the Entry Summary:
Foreign Seller's Invoice #:
Applicable Line Item # on the Foreign Seller's Invoice:
(I) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
production records, invoices, etc.) until the later of: (1) the date
that is five years after the latest entry date of the entries
covered by the certification; or (2) the date that is three years
after the conclusion of any litigation in United States courts
regarding such entries.
(J) I understand that {NAME OF IMPORTING COMPANY{time} is
required to maintain a copy of the exporter's certification
(attesting to information regarding the production and/or
exportation of the imported merchandise identified above), and any
supporting documentation provided to the importer by the exporter,
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
(K) I understand that {NAME OF IMPORTING COMPANY{time} is
required to provide U.S. Customs and Border Protection (CBP) and/or
Commerce with the importer certification, and any supporting
documentation, and a copy of the exporter's certification, and any
supporting documentation provided to the importer by the exporter,
upon the request of either agency.
(L) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(M) I understand that failure to maintain the required
certifications and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all entries to which this certification applies
are entries of merchandise that is covered by the scope of the
antidumping and countervailing duty orders on solar cells and solar
modules from China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping duty
and countervailing duty cash deposits determined by Commerce; and
(iii) the importer no longer being allowed to participate in the
certification process.
(N) I understand that agents of the importer, such as brokers,
are not permitted to make this certification.
(O) This certification was completed and signed on, or prior to,
the date of the entry summary if the entry date is more than 14 days
after the date of publication of the notice of Commerce's
preliminary determination of circumvention in the Federal Register.
If the entry date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed by no later than 45 days after publication of
the notice of Commerce's preliminary determination of circumvention
in the Federal Register.
(P) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
___
Date
Exporter Certification
Certification for Entries of Inquiry Merchandise From Companies Found
Not To Be Circumventing
Company Name: Hanwha Q CELLS Malaysia Sdn. Bhd.
The party that made the sale to the United States should fill
out the exporter certification.
I hereby certify that:
(A) My name is {COMPANY OFFICIAL'S NAME{time} and I am an
official of {NAME OF COMPANY{time} , located at {ADDRESS OF
COMPANY{time} .
(B) I have direct personal knowledge of the facts regarding the
production and exportation of the solar cells and solar modules for
which sales are identified below. ``Direct personal knowledge''
refers to facts the certifying party is expected to have in its own
records. For example, an exporter should have direct personal
knowledge of the producer's identity and location.
(C) The solar cells and/or solar modules covered by this
certification were shipped to {NAME OF PARTY IN THE UNITED STATES TO
WHOM MERCHANDISE WAS FIRST SHIPPED{time} , located at {U.S. ADDRESS
TO WHICH MERCHANDISE WAS SHIPPED{time} .
(D) The solar cells and/or solar modules covered by this
certification were:
1. Sold to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
2. Exported to the United States by Hanwha Q CELLS Malaysia Sdn.
Bhd.
3. Produced in Malaysia by Hanwha Q CELLS Malaysia Sdn. Bhd.
using wafers manufactured in the People's Republic of China (China)
that were exported to Malaysia by: {CHECK THE RELEVANT WAFER
EXPORTERS BELOW{time}
(We have afforded business proprietary information (BPI)
treatment to the names of the wafer exporters; for a table of the
names of the wafer exporters, which must be included as part of this
paragraph in the certificate submitted to CBP--please refer to the
proprietary version of this certification on ACCESS).
(E) The U.S. Department of Commerce (Commerce) found that solar
cells and/or solar modules produced by Hanwha Q CELLS Malaysia Sdn.
Bhd., using wafers manufactured in China that were exported by the
wafer supplier(s) listed in item D above, and exported by Hanwha Q
CELLS Malaysia Sdn. Bhd. are not circumventing the antidumping duty
and countervailing duty orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules, from the People's
Republic of China.
(F) This certification applies to the following sales to {NAME
OF U.S. CUSTOMER{time} , located at {ADDRESS OF U.S. CUSTOMER{time}
(repeat this block as many times as necessary):
# of the Foreign Seller's Invoice to the U.S. Customer:
Applicable Line Item # of the Foreign Seller's Invoice to the U.S.
Customer:
(G) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is
required to maintain a copy of this certification and sufficient
documentation supporting this certification (i.e., documents
maintained in the normal course of business, or documents obtained
by the certifying party, for example, product specification sheets,
customer specification sheets, production records, invoices, etc.)
until the later of: (1) the date that is five years after the latest
entry date of the entries covered by the certification; or (2) the
date that is three years after the conclusion of any litigation in
United States courts regarding such entries.
(H) I understand that Hanwha Q CELLS Malaysia Sdn. Bhd. is
required to provide the U.S. importer with a copy of this
certification and is required to provide U.S. Customs and Border
Protection (CBP) and/or Commerce with a copy of this certification,
and any
[[Page 53392]]
supporting documents, upon the request of either agency.
(I) I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP
and/or Commerce.
(J) I understand that failure to maintain the required
certification and supporting documentation, or failure to
substantiate the claims made herein, or not allowing CBP and/or
Commerce to verify the claims made herein, may result in a de facto
determination that all sales to which this certification applies are
sales of merchandise that is covered by the scope of the antidumping
and countervailing duty orders on solar cells and solar modules from
China. I understand that such a finding will result in:
(i) suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met;
(ii) the importer being required to post the antidumping and
countervailing duty cash deposits determined by Commerce; and
(iii) the seller/exporter no longer being allowed to participate
in the certification process.
(K) I understand that agents of the exporter, such as freight
forwarding companies or brokers, are not permitted to make this
certification.
(L) This certification was completed and signed, and a copy of
the certification was provided to the importer, on, or prior to, the
date of shipment if the shipment date is more than 14 days after the
date of publication of the notice of Commerce's preliminary
determination of circumvention in the Federal Register. If the
shipment date is on or before the 14th day after the date of
publication of the notice of Commerce's preliminary determination of
circumvention in the Federal Register, this certification was
completed and signed, and a copy of the certification was provided
to the importer, by no later than 45 days after publication of the
notice of Commerce's preliminary determination of circumvention in
the Federal Register.
(M) I am aware that U.S. law (including, but not limited to, 18
U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make materially false statements to the U.S.
government.
Signature
{NAME OF COMPANY OFFICIAL{time}
{TITLE OF COMPANY OFFICIAL{time}
___
Date
[FR Doc. 2024-14033 Filed 6-25-24; 8:45 am]
BILLING CODE 3510-DS-P
