Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Continuation of Antidumping Duty Order and Countervailing Duty Order, 81041-81043 [2024-23073]
Download as PDF
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 / Notices
Needs and Uses: The International
Trade Administration’s (ITA) Global
Markets’ U.S. Commercial Service (CS)
is mandated by Congress to broaden and
deepen the U.S. exporter base. ITA
accomplishes this by providing
counseling, programs and services to
help U.S. organizations export and
conduct business in overseas markets.
This information collection package
enables the CS to provide appropriate
export services to U.S. exporters and
international buyers.
ITA offers a variety of services to
enable clients to begin exporting or to
expand existing exporting efforts.
Clients may learn about our services
from business related entities such as
the National Association of
Manufacturers, Federal Express, State
Economic Development offices, the
internet or word of mouth. The CS
provides a standard set of services to
assist clients with identifying potential
overseas partners, establishing meeting
programs with appropriate overseas
business contacts and providing due
diligence reports on potential overseas
business partners. The CS also provides
other export-related services considered
to be of a ‘‘customized nature’’ because
they do not fit into the standard set of
CS export services but are driven by
unique business needs of individual
clients.
Before the CS can provide exportrelated services to clients, such as
assistance with identifying potential
partners or providing due diligence,
specific information is required to
determine the client’s business
objectives and needs. For example,
before a service can be provided to
identify potential business partners, it is
necessary to know whether the client
would like a potential partner to have
specific technical qualifications,
coverage in a specific market, English or
foreign language ability or warehousing
requirements. This information
collection is designed to elicit such data
so that appropriate services can be
proposed and conducted to most
effectively meet the client’s exporting
goals. Without these forms the CS is
unable to provide services when
requested by clients.
The forms ask U.S. exporters standard
questions about their company details,
demographic information, export
experience, information about the
products or services they wish to export
and exporting goals. A few questions are
tailored to a specific program type and
will vary slightly with each program. CS
staff use this information to gain an
understanding of client’s needs and
objectives so that they can provide
appropriate and effective export
VerDate Sep<11>2014
17:11 Oct 04, 2024
Jkt 262001
assistance tailored to an exporter’s
particular requirements.
Affected Public: Business or other forprofit organizations; Not-for-profit
institutions; State, Local, or Tribal
government; and Federal government.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: Public Law 15 U.S.C.
et seq. and 15 U.S.C. 171 et seq.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0625–0143.
Sheleen Dumas,
Departmental PRA Clearance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–23075 Filed 10–4–24; 8:45 am]
BILLING CODE 3510–FP–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: Continuation of Antidumping
Duty Order and Countervailing Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC)
that the revocation of the antidumping
duty (AD) order and countervailing duty
(CVD) order on certain crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
cells), from the People’s Republic of
China (China) would likely lead to the
continuation or recurrence of dumping
and net countervailable subsidies, and
material injury to an industry in the
United States, Commerce is publishing
a notice of continuation of these AD and
CVD orders.
AGENCY:
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
81041
Applicable September 20, 2024.
Jose
Rivera (CVD) and Howard Smith (AD),
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0842, or (202) 482–5193,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce
published in the Federal Register the
AD Order and CVD Order on solar cells
from China.1 On February 1, 2024,
Commerce initiated the second sunset
review of the Orders,2 pursuant to
section 751(c) of the Tariff Act of 1930,
as amended (the Act). As a result of its
review, Commerce determined that
revocation of the Orders would likely
lead to the continuation or recurrence of
dumping and net countervailable
subsidies, and therefore, notified the
ITC of the magnitude of the margins of
dumping and subsidy rates likely to
prevail should the Orders be revoked.3
On September 20, 2024, the ITC
published its determination, pursuant to
sections 751(c) and 752(a) of the Act,
that revocation of the Orders would
likely lead to continuation or recurrence
of material injury to an industry in the
United States within a reasonably
foreseeable time.4
Scope of the Orders
The merchandise covered by the
Orders are crystalline silicon
photovoltaic cells, and modules,
laminates, and panels, consisting of
crystalline silicon photovoltaic cells,
whether or not partially or fully
1 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) (CVD
Order); and Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012) (AD Order) (collectively, the
Orders).
2 See Initiation of Five-Year (Sunset) Reviews, 89
FR 6499 (February 1, 2024).
3 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Final Results of the
Expedited Second Sunset Review of the
Antidumping Duty Order, 89 FR 48391 (June 6,
2024), and accompanying Issues and Decision
Memorandum (IDM); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China: Final
Results of the Expedited Second Sunset Review of
the Countervailing Duty Order, 89 FR 48559 (June
7, 2024), and accompanying IDM.
4 See Citation to ITC Notice, 89 FR 78900
(September 20, 2024) (ITC Final Determination).
E:\FR\FM\07OCN1.SGM
07OCN1
lotter on DSK11XQN23PROD with NOTICES1
81042
Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 / Notices
assembled into other products,
including, but not limited to, modules,
laminates, panels and building
integrated materials.
The Orders 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, 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;
VerDate Sep<11>2014
17:11 Oct 04, 2024
Jkt 262001
(C) do not include a built-in inverter;
(D) must include a permanently
connected wire that terminates in either
an 8mm male barrel connector, or a twoport rectangular connector with two
pins in square housings of different
colors;
(E) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(F) must be in individual retail
packaging (for purposes of this
provision, retail packaging typically
includes graphics, the product name, its
description and/or features, and foam
for transport); and
2. Off grid CSPV panels without a
glass cover, with the following
characteristics:
(A) a total power output of 100 watts
or less per panel;
(B) a maximum surface area of 8,000
cm2 per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a
consumer good;
2. encased in a laminated material
without stitching, or
3. has all of the following
characteristics: (i) the panel is encased
in sewn fabric with visible stitching, (ii)
includes a mesh zippered storage
pocket, and (iii) includes a permanently
attached wire that terminates in a
female USB–A connector.
In addition, the following CSPV
panels are excluded from the scope of
the Orders:
(1) off-grid CSPV panels in rigid form
with a glass cover, with each of the
following physical characteristics,
whether or not assembled into a fully
completed off-grid hydropanel whose
function is conversion of water vapor
into liquid water:
(A) A total power output of no more
than 80 watts per panel;
(B) A surface area of less than 5,000
square centimeters (cm2) per panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the
edges of the panel;
(E) Include a clear glass back panel;
and
(F) Must include a permanently
connected wire that terminates in a twoport rectangular connector.
Modules, laminates, and panels
produced in a third-country from cells
produced in China are covered by the
Orders; however, modules, laminates,
and panels produced in China from
cells produced in a third-country are not
covered by the Orders.
Additionally excluded from the scope
of the Order are off-grid small portable
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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.
Also excluded from the scope of the
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 this Order is
currently classified in the Harmonized
Tariff System 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
Orders are dispositive.
Continuation of the Orders
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
E:\FR\FM\07OCN1.SGM
07OCN1
Federal Register / Vol. 89, No. 194 / Monday, October 7, 2024 / Notices
continuation or recurrence of dumping
and net countervailable subsidies, and
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders.
U.S. Customs and Border Protection will
continue to collect AD and CVD cash
deposits at the rates in effect at the time
of entry for all imports of subject
merchandise.
The effective date of the continuation
of the Orders will be September 20,
2024.5 Pursuant to section 751(c)(2) of
the Act and 19 CFR 351.218(c)(2),
Commerce intends to initiate the next
five-year reviews of the Orders not later
than 30 days prior to fifth anniversary
of the date of the last determination by
the ITC.
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are issued in accordance
with sections 751(c) and 751(d)(2) of the
Act, and published in accordance with
section 777(i) of the Act and 19 CFR
351.218(f)(4).
Dated: October 1, 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.
[FR Doc. 2024–23073 Filed 10–4–24; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 3510–DS–P
5 See
ITC Final Determination.
VerDate Sep<11>2014
17:11 Oct 04, 2024
Jkt 262001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–520–809]
Prestressed Concrete Wire Strand
From the United Arab Emirates:
Rescission of Antidumping
Administrative Review; 2023–2024
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is rescinding the
administrative review of the
antidumping duty (AD) order on
prestressed concrete wire strand (PC
wire strand) from the United Arab
Emirates (UAE), covering the period of
review (POR) February 1, 2023, through
January 31, 2024.
DATES: Applicable October 7, 2024.
FOR FURTHER INFORMATION CONTACT: Alex
Cipolla, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4956.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 2, 2024, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the AD order 1
on PC wire strand from the UAE,
covering the POR.2 On February 27,
2024, Essen Steel Industry L.L.C. (Essen)
timely requested that Commerce
conduct an administrative review.3 On
April 9, 2024, Commerce initiated an
administrative review of the Order
covering the POR.4 In a letter filed to the
record at the outset of this proceeding,
Essen acknowledged that it had no
entries during the POR, but requested
that Commerce exercise its discretion to
modify the POR to capture a single sale
intended for entry during the POR, but
which entered the United States on
February 8, 2024.5
1 See Prestressed Concrete Steel Wire Strand from
Argentina, Colombia, Egypt, the Netherlands, Saudi
Arabia, Taiwan, the Republic of Turkey, and the
United Arab Emirates: Antidumping Duty Orders,
86 FR 7703 (February 1, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 89 FR 7366 (February 2, 2024).
3 See Essen’s Letter, ‘‘Request for administrative
review of antidumping order,’’ dated February 27,
2024.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 89 FR
24780 (April 9, 2024).
5 See Essen’s Letter, ‘‘Notification and request for
extension of POR by eight days,’’ dated March 25,
2024.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
81043
On April 18, 2024, Commerce
released to the record confirmation from
U.S. Customs and Border Protection
(CBP) that there were no entries of
subject merchandise during the POR in
a memorandum which notified parties
of its intent to rescind this review in the
absence of any suspended entries during
the POR from Essen.6 In the Intent to
Rescind Memorandum, Commerce
provided all interested parties an
opportunity to comment on the intent to
rescind the review. No party to the
proceeding provided comments on
Commerce’s intent to rescind the
review. Subsequent to issuance of the
Intent to Rescind Memorandum,
pursuant to Essen’s request for review of
the same entry identified on the record
of this proceeding, Commerce initiated
a separate new shipper review covering
the above-referenced sale.7
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is
Commerce’s practice to rescind an
administrative review of an AD order
where it concludes that there were no
suspended entries of subject
merchandise during the POR.8
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the AD
assessment rate for the review period.9
Therefore, for an administrative review
to be conducted, there must be a
reviewable, suspended entry that
Commerce can instruct CBP to liquidate
at the calculated AD assessment rate for
the review period.10 As noted above,
6 See Memorandum, ‘‘Notice of Intent to Rescind
Review,’’ dated May 30, 2024 (Intent to Rescind
Memorandum).
7 See Prestressed Concrete Steel Wire Strand from
the United Arab Emirates: Initiation of
Antidumping Duty New Shipper Review, 89 FR
74887 (September 13, 2024).
8 See, e.g., Certain Carbon and Alloy Steel Cut-to
Length Plate from the Federal Republic of Germany:
Recission of Antidumping Administrative Review;
2020–2021, 88 FR 4157 (January 24, 2023).
9 See 19 CFR 351.212(b)(1).
10 See, e.g., Shanghai Sunbeauty Trading Co. v.
United States, 380 F. Supp. 3d 1328, 1335–36 (CIT
2019), at 12 (referring to section 751(a) of the Tariff
Act of 1930, as amended (the Act), the CIT held:
‘‘While the statute does not explicitly require that
an entry be suspended as a prerequisite for
establishing entitlement to a review, it does
explicitly state the determined rate will be used as
the liquidation rate for the reviewed entries. This
result can only obtain if the liquidation of entries
has been suspended. . . . ’’; see also Certain Frozen
Fish Fillets from the Socialist Republic of Vietnam:
Final Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments;
2018–2019, 86 FR 36102, and accompanying Issues
and Decision Memorandum at Comment 4; and
Solid Fertilizer Grade Ammonium Nitrate From the
Russian Federation: Notice of Rescission of
Antidumping Duty Administrative Review, 77 FR
65532 (October 29, 2012) (noting that ‘‘for an
administrative review to be conducted, there must
E:\FR\FM\07OCN1.SGM
Continued
07OCN1
Agencies
[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Notices]
[Pages 81041-81043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23073]
-----------------------------------------------------------------------
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: Continuation of
Antidumping Duty Order and Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that the revocation of the antidumping duty (AD) order and
countervailing duty (CVD) order on certain crystalline silicon
photovoltaic cells, whether or not assembled into modules (solar
cells), from the People's Republic of China (China) would likely lead
to the continuation or recurrence of dumping and net countervailable
subsidies, and material injury to an industry in the United States,
Commerce is publishing a notice of continuation of these AD and CVD
orders.
DATES: Applicable September 20, 2024.
FOR FURTHER INFORMATION CONTACT: Jose Rivera (CVD) and Howard Smith
(AD), AD/CVD Operations, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0842, or (202)
482-5193, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published in the Federal Register the
AD Order and CVD Order on solar cells from China.\1\ On February 1,
2024, Commerce initiated the second sunset review of the Orders,\2\
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act). As a result of its review, Commerce determined that revocation of
the Orders would likely lead to the continuation or recurrence of
dumping and net countervailable subsidies, and therefore, notified the
ITC of the magnitude of the margins of dumping and subsidy rates likely
to prevail should the Orders be revoked.\3\
---------------------------------------------------------------------------
\1\ 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) (CVD
Order); and Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012) (AD Order)
(collectively, the Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499
(February 1, 2024).
\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Final
Results of the Expedited Second Sunset Review of the Antidumping
Duty Order, 89 FR 48391 (June 6, 2024), and accompanying Issues and
Decision Memorandum (IDM); see also Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from the People's
Republic of China: Final Results of the Expedited Second Sunset
Review of the Countervailing Duty Order, 89 FR 48559 (June 7, 2024),
and accompanying IDM.
---------------------------------------------------------------------------
On September 20, 2024, the ITC published its determination,
pursuant to sections 751(c) and 752(a) of the Act, that revocation of
the Orders would likely lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time.\4\
---------------------------------------------------------------------------
\4\ See Citation to ITC Notice, 89 FR 78900 (September 20, 2024)
(ITC Final Determination).
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by the Orders are crystalline silicon
photovoltaic cells, and modules, laminates, and panels, consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully
[[Page 81042]]
assembled into other products, including, but not limited to, modules,
laminates, panels and building integrated materials.
The Orders 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 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 two-port rectangular
connector with two pins in square housings of different colors;
(E) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics:
(A) a total power output of 100 watts or less per panel;
(B) a maximum surface area of 8,000 cm2 per panel;
(C) do not include a built-in inverter;
(D) must include visible parallel grid collector metallic wire
lines every 1-4 millimeters across each solar cell; and
(E) each panel is
1. permanently integrated into a consumer good;
2. encased in a laminated material without stitching, or
3. has all of the following characteristics: (i) the panel is
encased in sewn fabric with visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii) includes a permanently attached wire
that terminates in a female USB-A connector.
In addition, the following CSPV panels are excluded from the scope
of the Orders:
(1) off-grid CSPV panels in rigid form with a glass cover, with
each of the following physical characteristics, whether or not
assembled into a fully completed off-grid hydropanel whose function is
conversion of water vapor into liquid water:
(A) A total power output of no more than 80 watts per panel;
(B) A surface area of less than 5,000 square centimeters (cm2) per
panel;
(C) Do not include a built-in inverter;
(D) Do not have a frame around the edges of the panel;
(E) Include a clear glass back panel; and
(F) Must include a permanently connected wire that terminates in a
two-port rectangular connector.
Modules, laminates, and panels produced in a third-country from
cells produced in China are covered by the Orders; however, modules,
laminates, and panels produced in China from cells produced in a third-
country are not covered by the Orders.
Additionally excluded from the scope of the 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 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 the 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 this Order is currently classified in the
Harmonized Tariff System 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
Orders are dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to
[[Page 81043]]
continuation or recurrence of dumping and net countervailable
subsidies, and material injury to an industry in the United States,
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the
continuation of the Orders. U.S. Customs and Border Protection will
continue to collect AD and CVD cash deposits at the rates in effect at
the time of entry for all imports of subject merchandise.
The effective date of the continuation of the Orders will be
September 20, 2024.\5\ Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next five-year
reviews of the Orders not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
---------------------------------------------------------------------------
\5\ See ITC Final Determination.
---------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are issued in
accordance with sections 751(c) and 751(d)(2) of the Act, and published
in accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: October 1, 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.
[FR Doc. 2024-23073 Filed 10-4-24; 8:45 am]
BILLING CODE 3510-DS-P