Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination, 80866-80870 [2024-22994]

Download as PDF 80866 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices interested parties in this preliminary determination within five days of its public announcement, or if there is no public announcement, within five days of the date of this notice in accordance with 19 CFR 351.224(b). Consistent with 19 CFR 351.224(e), Commerce will analyze and, if appropriate, correct any timely allegations of significant ministerial errors by amending the preliminary determination. However, consistent with 19 CFR 351.224(d), Commerce will not consider incomplete allegations that do not address the significance standard under 19 CFR 351.224(g) following the preliminary determination. Instead, Commerce will address such allegations in the final determination together with issues raised in the case briefs or other written comments. Suspension of Liquidation In accordance with section 703(d)(1)(B) and (d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise as described in the scope of the investigation entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the rates indicated above. khammond on DSKJM1Z7X2PROD with NOTICES Verification As provided in section 782(i)(1) of the Act, Commerce intends to verify the information relied upon in making its final determination. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.10 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.11 As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior proceedings we have encouraged 10 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 Final Rule). 11 See 19 351.309(c)(2) and (d)(2). VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 interested parties to provide an executive summary of their brief that should be limited to five pages total, including footnotes. In this investigation, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.12 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 executive summaries as the basis of the comment summaries included in the issues and decision memorandum that will accompany the final determination in this investigation. 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).13 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. All submissions, including case and rebuttal briefs, as well as hearing requests, should be filed using ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the established deadline. U.S. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination, whether imports of 12 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 13 See APO and Service Final Rule. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 grinding media from India are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: September 30, 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 I Scope of the Investigation The scope of this investigation covers chrome cast iron grinding media in spherical (ball) or ovoid shape, with an alloy composition of seven percent or more (≥ 7 percent of total mass) chromium (Cr) content and produced through the casting method, with a nominal diameter of up to 127 millimeters (mm) and tolerance of plus or minus 10 mm. The products covered by the scope are currently classified under Harmonized Tariff Schedule of the United States (HTSUS) subheading 7325.91.0000. This HTSUS subheading is provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Injury Test IV. Subsidies Valuation V. Loan Benchmarks and Interest Rates VI. Analysis of Programs VII. Recommendation [FR Doc. 2024–22996 Filed 10–3–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–552–842] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the Socialist Republic of Vietnam: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily AGENCY: E:\FR\FM\04OCN1.SGM 04OCN1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the Socialist Republic of Vietnam (Vietnam). The period of investigation is January 1, 2023, through December 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES: Applicable October 4, 2024. FOR FURTHER INFORMATION CONTACT: Frank Schmitt or Amber Hodak, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4880 or (202) 482–8034, respectively. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES Background This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on May 20, 2024.1 On July 3, 2024, Commerce postponed the preliminary determination of this investigation until September 23, 2024.2 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days.3 The deadline for the preliminary determination is now September 30, 2024. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam, 89 FR 43816 (May 20, 2024) (Initiation Notice). 2 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Countervailing Duty Investigations, 89 FR 55231 (July 3, 2024). 3 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings,’’ dated July 22, 2024. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination of the Countervailing Duty Investigation of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules from the Socialist Republic of Vietnam’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The product covered by this investigation is solar cells from Vietnam. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the Preamble to Commerce’s regulations,5 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage, (i.e., scope).6 We received several comments concerning the scope of this investigation, as well as in the companion less-than-fair-value (LTFV) and countervailing duty (CVD) investigations of solar cells, as it appeared in the Initiation Notice. We are currently evaluating the scope comments filed by interested parties. We intend to issue our preliminary decision regarding the scope of the LTFV and CVD investigations in the preliminary determinations of the companion LTFV investigations, the deadline for which is November 27, 2024.7 We will incorporate the scope decisions from the LTFV investigations into the scope of the final CVD determination for this investigation after considering any relevant comments submitted in scope case and rebuttal briefs.8 Methodology Commerce is conducting this investigation in accordance with section 701 of the Act. For each of the subsidy programs found countervailable, Commerce preliminarily determines that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.9 For a 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997). 6 See Initiation Notice. 7 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from Cambodia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than Fair-Value Investigations, 89 FR 77473 (September 23, 2024) (LTFV Preliminary Postponement). 8 The deadline for interested parties to submit scope case and rebuttal briefs will be established in the preliminary scope decision memorandum. 9 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 80867 full description of the methodology underlying our preliminary determination, see the Preliminary Decision Memorandum. In making these findings, Commerce relied, in part, on facts available and, because it finds that one or more respondents did not act to the best of their ability to respond to Commerce’s requests for information, it drew an adverse inference where appropriate in selecting from among the facts otherwise available.10 For further information, see the ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ section in the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part In accordance with section 703(e)(1) of the Act, Commerce preliminarily determines that critical circumstances do not exist with respect to imports of solar cells from Vietnam for Boviet Solar Technology Co., Ltd. (Boviet Solar) and JA Solar Vietnam Company Limited (JAVN). However, Commerce preliminarily determines that critical circumstances exist with respect to imports of solar cells from Vietnam from: (1) GEP New Energy Viet Nam Company Limited; (2) Vietnam Green Energy Commercial Services Company Ltd.; (3) Shengtian New Energy Vina Co., Ltd; and (4) HT Solar Vietnam Limited Company. Commerce also preliminarily determines that critical circumstances exist with respect to imports from all other producers and exporters that enter subject merchandise under the All Others subsidy rate. For a full description of the methodology and results of Commerce’s analysis, see the Preliminary Decision Memorandum. Alignment In accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), Commerce is aligning the final determination in this investigation with the final determination in the companion LTFV investigation of solar cells from Vietnam based on a request made by the petitioner.11 Consequently, the final CVD determination will be issued on the same date as the final LTFV determination, which is currently scheduled to be issued no later than February 10, 2025.12 10 See sections 776(a) and (b) of the Act. Petitioner’s Letter, ‘‘Request to Align Countervailing Duty Investigation Final Determinations with Antidumping Duty Investigation Final Determinations,’’ dated September 23, 2024. 12 See LTFV Preliminary Postponement. 11 See E:\FR\FM\04OCN1.SGM 04OCN1 80868 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices All-Others Rate Sections 703(d) and 705(c)(5)(A) of the Act provide that in the preliminary determination, Commerce shall determine an estimated all-others rate for companies not individually examined. This rate shall be an amount equal to the weighted average of the estimated subsidy rates established for those companies individually examined, excluding any zero and de minimis rates and any rates based entirely under section 776 of the Act. In this investigation, Commerce preliminarily found a de minimis rate for Boviet Solar. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for JAVN. Consequently, the rate calculated for JAVN is also assigned as the rate for all other producers and exporters. khammond on DSKJM1Z7X2PROD with NOTICES Rate for Non-Responsive Companies Four exporters and/or producers of solar cells from Vietnam did not respond to Commerce’s quantity and value (Q&V) questionnaires (i.e., nonresponsive companies). We find that, by not responding to the Q&V questionnaire, these companies withheld requested information and significantly impeded this proceeding. Thus, in reaching our preliminary determination, pursuant sections 776(a)(2)(A) and (C) of the Act, we are basing the CVD subsidy rate for these four non-responsive companies on facts otherwise available. Further, we preliminarily determine that an adverse inference is warranted, pursuant to section 776(b) of the Act. By failing to submit responses to Commerce’s Q&V questionnaire, the non-responsive companies did not cooperate to the best of their ability in this investigation. Accordingly, we preliminarily find that an adverse inference is warranted to ensure that the non-responsive companies will not obtain a more favorable result than if they had fully complied with our request for information. For more information on the application of adverse facts available to the nonresponsive companies, see ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the Preliminary Decision Memorandum. Preliminary Determination Commerce preliminarily determines that the following estimated countervailable subsidy rates exist: 13 13 As discussed in the Preliminary Decision Memorandum, Commerce has found the following companies to be cross-owned with JA Solar Vietnam Company Limited: JA Solar PV Vietnam VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 Subsidy rate (percent ad valorem) Company Boviet Solar Technology Co., Ltd ......................... JA Solar Vietnam Company Limited; JA Solar PV Vietnam Company Limited; JA Solar NE Vietnam Company Limited ................................ GEP New Energy Viet Nam Company Limited Vietnam Green Energy Commercial Services Company Ltd ................. Shengtian New Energy Vina Co., Ltd ................. HT Solar Vietnam Limited Company ....................... All Others .......................... ** 0.81 2.85 imports enter under the all others subsidy rate. In accordance with section 703(e)(2)(A) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from the exporters/producers identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice. Disclosure Commerce intends to disclose its calculations and analysis performed to * 292.61 interested parties in this preliminary determination within five days of its * 292.61 public announcement, or if there is no public announcement, within five days * 292.61 of the date of this notice in accordance 2.85 with 19 CFR 351.224(b). Consistent with 19 CFR 351.224(e), * Rate based on facts available with adverse Commerce will analyze and, if inferences. ** De minimis. appropriate, correct any timely allegations of significant ministerial Suspension of Liquidation errors by amending the preliminary In accordance with section determination. However, consistent 703(d)(1)(B) and (d)(2) of the Act, with 19 CFR 351.224(d), Commerce will Commerce will direct U.S. Customs and not consider incomplete allegations that Border Protection (CBP) to suspend do not address the significance standard liquidation of entries of subject under 19 CFR 351.224(g) following the merchandise as described in the scope preliminary determination. Instead, of the investigation section entered, or Commerce will address such allegations withdrawn from warehouse, for in the final determination together with consumption on or after the date of issues raised in the case briefs or other publication of this notice in the Federal written comments. Register. Further, pursuant to 19 CFR 351.205(d), Commerce will instruct CBP Verification As provided in section 782(i)(1) of the to require a cash deposit equal to the Act, Commerce intends to verify the rates indicated above. Because the information relied upon in making its subsidy rate for the Boviet Solar is de minimis, Commerce is directing CBP not final determination. to suspend liquidation of entries of the Public Comment merchandise from this company. All interested parties will have the Section 703(e)(2) of the Act provides that, given an affirmative determination opportunity to submit scope case and rebuttal briefs on the preliminary of critical circumstances, any suspension of liquidation shall apply to decision regarding the scope of the CVD and LTFV investigations. The deadlines unliquidated entries of merchandise entered, or withdrawn from warehouse, to submit scope case and rebuttal briefs will be provided in the preliminary for consumption on or after the later of: scope decision memorandum. For all (a) the date which is 90 days before the scope case and rebuttal briefs, parties date on which the suspension of must file identical documents liquidation was first ordered; or (b) the date on which notice of initiation of the simultaneously on the records of the investigation was published. Commerce ongoing CVD and LTFV investigations. No new factual information or business preliminarily finds that critical proprietary information may be circumstances exist for imports of included in either scope case or rebuttal subject merchandise produced and/or briefs. exported by: (1) GEP New Energy Viet Case briefs or other written comments Nam Company Limited; (2) Vietnam not related to the scope of the Green Energy Commercial Services investigation may be submitted to the Company Ltd.; (3) Shengtian New Assistant Secretary for Enforcement and Energy Vina Co., Ltd; (4) HT Solar Compliance no later than seven days Vietnam Limited Company; and, from all other producers and exporters whose after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to Company Limited; JA Solar NE Vietnam Company issues raised in the case briefs, may be Limited. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 * 292.61 E:\FR\FM\04OCN1.SGM 04OCN1 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices khammond on DSKJM1Z7X2PROD with NOTICES filed not later than five days after the date for filing case briefs.14 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.15 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 investigation, we instead request that interested parties provide at the beginning of their briefs a public, executive summary for each issue raised in their briefs.16 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 determination in this investigation. 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).17 Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days after the date of publication of this notice. Requests should contain the party’s name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. 14 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 Final Rule). 15 See 19 351.309(c)(2) and (d)(2). 16 We use the term ‘‘issue’’ here to describe an argument that Commerce would normally address in a comment of the Issues and Decision Memorandum. 17 See APO and Service Final Rule. VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 U.S. International Trade Commission Notification In accordance with section 703(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether imports of solar cells from Vietnam are materially injuring, or threaten material injury to, the U.S. industry. Notification to Interested Parties This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: September 30, 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 I Scope of the Investigation The merchandise covered by this investigation 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. This investigation covers 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, buildingintegrated 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 investigation. Excluded from the scope of the investigation 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 investigation 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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 80869 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 investigation 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 investigation 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 investigation: off-grid CSPV panels in rigid form with a glass cover, with each of the following physical characteristics, whether or not assembled into a fully completed off-grid hydropanel whose function is conversion of water vapor into liquid water: (A) a total power output of no more than 80 watts per panel; (B) a surface area of less than 5,000 square centimeters (cm2) per panel; (C) do not include a built-in inverter; (D) do not have a frame around the edges of the panel; (E) include a clear glass back panel; and (F) must include a permanently connected wire that terminates in a twoport rectangular connector. Additionally excluded from the scope of this investigation 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 E:\FR\FM\04OCN1.SGM 04OCN1 khammond on DSKJM1Z7X2PROD with NOTICES 80870 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 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 this investigation 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 investigation; however, modules, laminates, and panels produced in a subject country from cells produced in a third-country are not covered by the investigation. Also excluded from the scope of this investigation 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 investigation 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 investigation is dispositive. III. Scope Comments IV. Injury Test V. Preliminary Affirmative Determination of Critical Circumstances, in Part VI. Use of Facts Otherwise Available and Adverse Inferences VII. Subsidies Valuation Information VIII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for Measuring Adequacy of Remuneration IX. Analysis of Programs X. Programs Preliminarily Determined to Be Terminated XI. Recommendation [FR Doc. 2024–22994 Filed 10–3–24; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–169] Certain Alkyl Phosphate Esters From the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that countervailable subsidies are being provided to producers and exporters of certain alkyl phosphate esters (alkyl phosphate esters) from the People’s Republic of China (China). The period of investigation is January 1, 2023, through December 31, 2023. Interested parties are invited to comment on this preliminary determination. DATES: Applicable October 4, 2024. FOR FURTHER INFORMATION CONTACT: Benjamin Nathan or Gregory Taushani, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3834 or (202) 482–1012, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background Appendix II This preliminary determination is made in accordance with section 703(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on May 13, 2024.1 On July 5, 2024, Commerce postponed the preliminary List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background 1 See Certain Alkyl Phosphate Esters from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 89 FR 43821 (May 20, 2024) (Initiation Notice). VerDate Sep<11>2014 17:26 Oct 03, 2024 Jkt 265001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 determination of this investigation until September 20, 2024.2 On July 22, 2024, Commerce tolled certain deadlines in this proceeding by seven days.3 The deadline for the preliminary determination is now September 27, 2024. For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.4 A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access. trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Investigation The products covered by this investigation are alkyl phosphate esters from China. For a complete description of the scope of this investigation, see Appendix I. Scope Comments In accordance with the preamble to Commerce’s regulations,5 in the Initiation Notice Commerce set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).6 Certain interested parties commented on the scope of the antidumping duty (AD) and countervailing duty (CVD) investigations as it appeared in the Initiation Notice. Commerce intends to issue its preliminary decision regarding comments concerning the scope of the AD and CVD investigation on or before the preliminary determination of the companion AD investigation. 2 See Alkyl Phosphate Esters from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation, 89 FR 55585 (July 5, 2024). 3 See Memorandum, ‘‘Tolling of Deadlines,’’ dated July 22, 2024. 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Determination of the Countervailing Duty Investigation of Alkyl Phosphate Esters from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 6 See Initiation Notice. E:\FR\FM\04OCN1.SGM 04OCN1

Agencies

[Federal Register Volume 89, Number 193 (Friday, October 4, 2024)]
[Notices]
[Pages 80866-80870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22994]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-842]


Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
Into Modules, From the Socialist Republic of Vietnam: Preliminary 
Affirmative Countervailing Duty Determination, Preliminary Affirmative 
Critical Circumstances Determination, in Part, and Alignment of Final 
Determination With Final Antidumping Duty Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily

[[Page 80867]]

determines that countervailable subsidies are being provided to 
producers and exporters of crystalline silicon photovoltaic cells, 
whether or not assembled into modules (solar cells), from the Socialist 
Republic of Vietnam (Vietnam). The period of investigation is January 
1, 2023, through December 31, 2023. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable October 4, 2024.

FOR FURTHER INFORMATION CONTACT: Frank Schmitt or Amber Hodak, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4880 or (202) 482-8034, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this investigation on May 20, 
2024.\1\ On July 3, 2024, Commerce postponed the preliminary 
determination of this investigation until September 23, 2024.\2\ On 
July 22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\3\ The deadline for the preliminary 
determination is now September 30, 2024.
---------------------------------------------------------------------------

    \1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the 
Socialist Republic of Vietnam, 89 FR 43816 (May 20, 2024) 
(Initiation Notice).
    \2\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the 
Socialist Republic of Vietnam: Postponement of Preliminary 
Determinations in the Countervailing Duty Investigations, 89 FR 
55231 (July 3, 2024).
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
---------------------------------------------------------------------------

    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\4\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Determination of the Countervailing Duty Investigation of 
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled 
into Modules from the Socialist Republic of Vietnam'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigation

    The product covered by this investigation is solar cells from 
Vietnam. For a complete description of the scope of this investigation, 
see Appendix I.

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\5\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, (i.e., scope).\6\ We received 
several comments concerning the scope of this investigation, as well as 
in the companion less-than-fair-value (LTFV) and countervailing duty 
(CVD) investigations of solar cells, as it appeared in the Initiation 
Notice. We are currently evaluating the scope comments filed by 
interested parties. We intend to issue our preliminary decision 
regarding the scope of the LTFV and CVD investigations in the 
preliminary determinations of the companion LTFV investigations, the 
deadline for which is November 27, 2024.\7\ We will incorporate the 
scope decisions from the LTFV investigations into the scope of the 
final CVD determination for this investigation after considering any 
relevant comments submitted in scope case and rebuttal briefs.\8\
---------------------------------------------------------------------------

    \5\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \6\ See Initiation Notice.
    \7\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from Cambodia, Malaysia, Thailand, and the 
Socialist Republic of Vietnam: Postponement of Preliminary 
Determinations in the Less-Than Fair-Value Investigations, 89 FR 
77473 (September 23, 2024) (LTFV Preliminary Postponement).
    \8\ The deadline for interested parties to submit scope case and 
rebuttal briefs will be established in the preliminary scope 
decision memorandum.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\9\ For a full description of the methodology underlying our 
preliminary determination, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \9\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
---------------------------------------------------------------------------

    In making these findings, Commerce relied, in part, on facts 
available and, because it finds that one or more respondents did not 
act to the best of their ability to respond to Commerce's requests for 
information, it drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\10\ For further 
information, see the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section in the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \10\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    In accordance with section 703(e)(1) of the Act, Commerce 
preliminarily determines that critical circumstances do not exist with 
respect to imports of solar cells from Vietnam for Boviet Solar 
Technology Co., Ltd. (Boviet Solar) and JA Solar Vietnam Company 
Limited (JAVN). However, Commerce preliminarily determines that 
critical circumstances exist with respect to imports of solar cells 
from Vietnam from: (1) GEP New Energy Viet Nam Company Limited; (2) 
Vietnam Green Energy Commercial Services Company Ltd.; (3) Shengtian 
New Energy Vina Co., Ltd; and (4) HT Solar Vietnam Limited Company. 
Commerce also preliminarily determines that critical circumstances 
exist with respect to imports from all other producers and exporters 
that enter subject merchandise under the All Others subsidy rate. For a 
full description of the methodology and results of Commerce's analysis, 
see the Preliminary Decision Memorandum.

Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final determination in this 
investigation with the final determination in the companion LTFV 
investigation of solar cells from Vietnam based on a request made by 
the petitioner.\11\ Consequently, the final CVD determination will be 
issued on the same date as the final LTFV determination, which is 
currently scheduled to be issued no later than February 10, 2025.\12\
---------------------------------------------------------------------------

    \11\ See Petitioner's Letter, ``Request to Align Countervailing 
Duty Investigation Final Determinations with Antidumping Duty 
Investigation Final Determinations,'' dated September 23, 2024.
    \12\ See LTFV Preliminary Postponement.

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[[Page 80868]]

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
zero and de minimis rates and any rates based entirely under section 
776 of the Act.
    In this investigation, Commerce preliminarily found a de minimis 
rate for Boviet Solar. Therefore, the only rate that is not zero, de 
minimis or based entirely on facts otherwise available is the rate 
calculated for JAVN. Consequently, the rate calculated for JAVN is also 
assigned as the rate for all other producers and exporters.

Rate for Non-Responsive Companies

    Four exporters and/or producers of solar cells from Vietnam did not 
respond to Commerce's quantity and value (Q&V) questionnaires (i.e., 
non-responsive companies). We find that, by not responding to the Q&V 
questionnaire, these companies withheld requested information and 
significantly impeded this proceeding. Thus, in reaching our 
preliminary determination, pursuant sections 776(a)(2)(A) and (C) of 
the Act, we are basing the CVD subsidy rate for these four non-
responsive companies on facts otherwise available.
    Further, we preliminarily determine that an adverse inference is 
warranted, pursuant to section 776(b) of the Act. By failing to submit 
responses to Commerce's Q&V questionnaire, the non-responsive companies 
did not cooperate to the best of their ability in this investigation. 
Accordingly, we preliminarily find that an adverse inference is 
warranted to ensure that the non-responsive companies will not obtain a 
more favorable result than if they had fully complied with our request 
for information. For more information on the application of adverse 
facts available to the non-responsive companies, see ``Use of Facts 
Otherwise Available and Adverse Inferences'' in the Preliminary 
Decision Memorandum.

Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist: \13\
---------------------------------------------------------------------------

    \13\ As discussed in the Preliminary Decision Memorandum, 
Commerce has found the following companies to be cross-owned with JA 
Solar Vietnam Company Limited: JA Solar PV Vietnam Company Limited; 
JA Solar NE Vietnam Company Limited.

------------------------------------------------------------------------
                                                          Subsidy rate
                        Company                            (percent ad
                                                            valorem)
------------------------------------------------------------------------
Boviet Solar Technology Co., Ltd......................           ** 0.81
JA Solar Vietnam Company Limited; JA Solar PV Vietnam               2.85
 Company Limited; JA Solar NE Vietnam Company Limited.
GEP New Energy Viet Nam Company Limited...............          * 292.61
Vietnam Green Energy Commercial Services Company Ltd..          * 292.61
Shengtian New Energy Vina Co., Ltd....................          * 292.61
HT Solar Vietnam Limited Company......................          * 292.61
All Others............................................              2.85
------------------------------------------------------------------------
* Rate based on facts available with adverse inferences.
** De minimis.

Suspension of Liquidation

    In accordance with section 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation section entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Further, pursuant to 19 CFR 351.205(d), 
Commerce will instruct CBP to require a cash deposit equal to the rates 
indicated above. Because the subsidy rate for the Boviet Solar is de 
minimis, Commerce is directing CBP not to suspend liquidation of 
entries of the merchandise from this company.
    Section 703(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of: (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered; or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise produced and/or exported by: (1) GEP New Energy Viet Nam 
Company Limited; (2) Vietnam Green Energy Commercial Services Company 
Ltd.; (3) Shengtian New Energy Vina Co., Ltd; (4) HT Solar Vietnam 
Limited Company; and, from all other producers and exporters whose 
imports enter under the all others subsidy rate. In accordance with 
section 703(e)(2)(A) of the Act, the suspension of liquidation shall 
apply to unliquidated entries of merchandise from the exporters/
producers identified in this paragraph that were entered, or withdrawn 
from warehouse, for consumption on or after the date which is 90 days 
before the publication of this notice.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed to interested parties in this preliminary determination 
within five days of its public announcement, or if there is no public 
announcement, within five days of the date of this notice in accordance 
with 19 CFR 351.224(b).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    All interested parties will have the opportunity to submit scope 
case and rebuttal briefs on the preliminary decision regarding the 
scope of the CVD and LTFV investigations. The deadlines to submit scope 
case and rebuttal briefs will be provided in the preliminary scope 
decision memorandum. For all scope case and rebuttal briefs, parties 
must file identical documents simultaneously on the records of the 
ongoing CVD and LTFV investigations. No new factual information or 
business proprietary information may be included in either scope case 
or rebuttal briefs.
    Case briefs or other written comments not related to the scope of 
the investigation may be submitted to the Assistant Secretary for 
Enforcement and Compliance no later than seven days after the date on 
which the last verification report is issued in this investigation. 
Rebuttal briefs, limited to issues raised in the case briefs, may be

[[Page 80869]]

filed not later than five days after the date for filing case 
briefs.\14\ 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.\15\
---------------------------------------------------------------------------

    \14\ 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 Final Rule).
    \15\ See 19 351.309(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 investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public, executive summary for each issue raised in their briefs.\16\ 
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 determination in this 
investigation. 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).\17\
---------------------------------------------------------------------------

    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.

U.S. International Trade Commission Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its determination. If 
the final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after the final determination whether imports of solar cells 
from Vietnam are materially injuring, or threaten material injury to, 
the U.S. industry.

Notification to Interested Parties

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: September 30, 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 I

Scope of the Investigation

    The merchandise covered by this investigation 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.
    This investigation covers 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 investigation.
    Excluded from the scope of the investigation 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 investigation 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 investigation 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 investigation 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 investigation: off-grid CSPV panels in rigid form with 
a glass cover, with each of the following physical characteristics, 
whether or not assembled into a fully completed off-grid hydropanel 
whose function is conversion of water vapor into liquid water: (A) a 
total power output of no more than 80 watts per panel; (B) a surface 
area of less than 5,000 square centimeters (cm2) per panel; (C) do 
not include a built-in inverter; (D) do not have a frame around the 
edges of the panel; (E) include a clear glass back panel; and (F) 
must include a permanently connected wire that terminates in a 
twoport rectangular connector.
    Additionally excluded from the scope of this investigation 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

[[Page 80870]]

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 this investigation 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 
investigation; however, modules, laminates, and panels produced in a 
subject country from cells produced in a third-country are not 
covered by the investigation.
    Also excluded from the scope of this investigation 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 investigation 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 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Injury Test
V. Preliminary Affirmative Determination of Critical Circumstances, 
in Part
VI. Use of Facts Otherwise Available and Adverse Inferences
VII. Subsidies Valuation Information
VIII. Interest Rate Benchmarks, Discount Rates, and Benchmarks for 
Measuring Adequacy of Remuneration
IX. Analysis of Programs
X. Programs Preliminarily Determined to Be Terminated
XI. Recommendation

[FR Doc. 2024-22994 Filed 10-3-24; 8:45 am]
BILLING CODE 3510-DS-P

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