Crystalline Silicon Photovoltaic Products, Whether or Not Assembled Into Modules, From the People's Republic of Taiwan: Notice of Initiation of Changed Circumstances Review, and Consideration of Revocation of the Antidumping Order, in Part, 84118-84120 [2024-24299]
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84118
Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices
Period of review
Certain Chassis and Subassemblies Thereof, C–570–136 .................................................................................
Assessment
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping and/or countervailing
duties on all appropriate entries during
the periods of review noted above for
each of the listed administrative reviews
at rates equal to the cash deposit of
estimated antidumping or
countervailing duties, as applicable,
required at the time of entry, or
withdrawal of merchandise from
warehouse, for consumption, in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of this recission notice in
the Federal Register for rescinded
administrative reviews of AD/CVD
orders on countries other than Canada
and Mexico. For rescinded
administrative reviews of AD/CVD
orders on Canada or Mexico, Commerce
intends to issue assessment instructions
to CBP no earlier than 41 days after the
date of publication of this recission
notice in the Federal Register.
Notification to Importers
lotter on DSK11XQN23PROD with NOTICES1
Notification Regarding Administrative
Protective Order (APO)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in these
segments of these proceedings. Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
16:27 Oct 18, 2024
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: October 15, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2024–24296 Filed 10–18–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–853]
Crystalline Silicon Photovoltaic
Products, Whether or Not Assembled
Into Modules, From the People’s
Republic of Taiwan: Notice of Initiation
of Changed Circumstances Review,
and Consideration of Revocation of the
Antidumping Order, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Lutron Electronics Co., Inc. (Lutron), the
U.S. Department of Commerce
(Commerce) is initiating a changed
circumstances review (CCR) to consider
the possible revocation, in part, of the
antidumping duty (AD) order on
crystalline silicon photovoltaic products
(solar products) from Taiwan with
respect to certain small, low-wattage, off
grid crystalline silicon photovoltaic
(CSPV) cells as described below.
DATES: Applicable October 21, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
AGENCY:
This notice serves as the only
reminder to importers of merchandise
subject to AD orders of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties and/or
countervailing duties prior to
liquidation of the relevant entries
during the review period. Failure to
comply with this requirement could
result in the presumption that
reimbursement of antidumping duties
and/or countervailing duties occurred
and the subsequent assessment of
doubled antidumping duties.
VerDate Sep<11>2014
with the regulations and the terms of an
APO is a sanctionable violation.
Jkt 265001
Background
On February 18, 2015, Commerce
published the AD order on solar
products from Taiwan.1 On August 28,
1 See Certain Crystalline Silicon Photovoltaic
Products from Taiwan: Antidumping Duty Order,
80 FR 8596 (February 18, 2015) (Order).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
1/1/2023–12/31/2023
2024, Lutron, a domestic producer,
importer and exporter of subject
merchandise, requested, through a CCR,
revocation of the Order, in part, with
respect to certain small, low-wattage,
off-grid CSPV cells, pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.216(b).2 Within its Lutron’s CCR
request, Lutron included a letter from
the American Alliance for Solar
Manufacturing (the Alliance), a
domestic interested party in this
proceeding, in which the Alliance stated
that it did not oppose the partial
revocation of the Order proposed by
Lutron.3 No interested parties filed
comments opposing the CCR request.
Scope of the Order
The merchandise covered by the
Order is crystalline silicon photovoltaic
cells, and modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials.
Subject merchandise includes
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.
Modules, laminates, and panels
produced in a third-country from cells
produced in Taiwan are covered by the
Order. However, modules, laminates,
and panels produced in Taiwan from
cells produced in a third-country are not
covered by the Order.
Excluded from the scope of the Order
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 Order
are crystalline silicon photovoltaic cells,
not exceeding 10,000mm2 in surface
area, that are permanently integrated
into a consumer good whose function is
other than power generation and that
2 See Lutron’s Letter, ‘‘Lutron Electronics Co.,
Inc.’s Request for Changed Circumstances Reviews
and Request to Combine Initiation and Preliminary
Results,’’ dated August 28, 2024 (CCR Request).
3 Id. at Exhibit 2 and 3.
E:\FR\FM\21OCN1.SGM
21OCN1
Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices
lotter on DSK11XQN23PROD with NOTICES1
consumes the electricity generated by
the integrated crystalline silicon
photovoltaic cells. 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.
Further, also excluded from the scope
of the Order are any products covered
by the existing antidumping and
countervailing duty orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
from the People’s Republic of China
(PRC).4
Also excluded from the scope of the
Order are modules, laminates, and
panels produced in the PRC from
crystalline silicon photovoltaic cells
produced in Taiwan that are covered by
an existing proceeding on such
modules, laminates, and panels from the
PRC.
Additionally, excluded from the
scope of these orders are solar panels
that are: (1) less than 300,000mm2 in
surface area; (2) less than 27.1 watts in
power; (3) coated across their entire
surface with a polyurethane doming
resin; and (4) joined to a battery
charging and maintaining unit (which is
an acrylonitrile butadiene styrene (ABS)
box that incorporates a light emitting
diode (LED)) by coated wires that
include a connector to permit the
incorporation of an extension cable .
The battery charging and maintaining
unit utilizes high-frequency triangular
pulse waveforms designed to maintain
and extend the life of batteries through
the reduction of lead sulfate crystals.
The above-described battery charging
and maintaining unit is currently
available under the registered trademark
‘‘SolarPulse.’’
Merchandise covered by the Order is
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under subheadings
8501.61.0000, 8507.20.8030,
8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6020,
8541.40.6030, and 8501.31.8000. These
HTSUS subheadings are provided for
convenience and customs purposes; the
written description of the scope of the
Order is dispositive.
4 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, from the
People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 77 FR 73018
(December 7, 2012); see also Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from the People’s Republic of China:
Countervailing Duty Order, 77 FR 73017 (December
7, 2012).
VerDate Sep<11>2014
16:27 Oct 18, 2024
Jkt 265001
Proposed Partial Revocation of the
Order
The products subject to the proposed
revocation are certain small, lowwattage, off-grid CSPV cells that are
permanently attached to an aluminum
extrusion that controls natural light,
whether or not assembled into a fully
completed automation device that
controls natural light.
Lutron requests that the following
language to be added to the scope of the
Order to implement the requested
exclusion:
Also excluded from the scope of these
investigations are off-grid CSPV panels in
rigid form, with or without a glass cover,
permanently attached to an aluminum
extrusion that is an integral component of an
automation device that controls natural light,
whether or not assembled into a fully
completed automation device that controls
natural light, with the following
characteristics:
1. A total power output of 20 watts or less
per panel;
2. A maximum surface area of 1,000 cm2
per panel;
3. Does not include a built-in inverter for
powering third party devices.5
Initiation of CCR and Consideration of
Revocation of the Order, in Part
Pursuant to section 751(b)(1) of the
Act, when Commerce receives
information concerning, or a request
from an interested party 6 for a review
of, a final affirmative determination that
resulted in an AD order, which shows
changed circumstances sufficient to
warrant a review of an order, Commerce
shall conduct a CCR of the order.7 In
accordance with 19 CFR 351.216(d),
Commerce determines that the
information submitted by Lutron and
the letter of no opposition to partial
revocation of the Order with respect to
the products described by Lutron
constitute a sufficient basis to conduct
a CCR of the Order.8
Section 782(h)(2) of the Act and 19
CFR 351.222(g)(1)(i) provide that
Commerce may revoke an order (in
whole or in part) if it determines that
producers accounting for substantially
all of the production of the domestic
like product have expressed a lack of
interest in the order, in whole or in part.
In its administrative practice, Commerce
has interpreted ‘‘substantially all’’ to
mean producers accounting for at least
85 percent of the total U.S. production
of the domestic like product covered by
5 See
Lutron’s Letter at 3.
stated in its CCR Request that it is an
U.S. importer of solar panels. As such, Lutron is an
interested party pursuant to section 771(9)(A) of the
Act and 19 CFR 351.102(b)(29)(ii).
7 See 19 CFR 351.216(d).
8 See CCR Request at Exhibit 2.
6 Lutron
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
84119
the order.9 One domestic interested
party, the Alliance, stated that it does
not object to the partial revocation of the
Order proposed by Lutron.
However, because the Alliance did
not indicate whether it accounts for
substantially all of the U.S. production
of the domestic like product covered by
the Order, we are not combining this
notice of initiation with a preliminary
determination, pursuant to 19 CFR
351.221(c)(3)(ii).10 Rather, we will
provide interested parties with an
opportunity to address the issue of
domestic industry support with respect
to the partial revocation of the Order, as
explained below. After examining
comments, if any, concerning domestic
industry support, we will issue the
preliminary results of this CCR.
Public Comment
Interested parties are invited to
provide comments and/or factual
information regarding this CCR,
including comments on industry
support and the proposed partial
revocation language. Comments and
factual information may be submitted to
Commerce no later than 14 days after
the date of publication of this notice.
Rebuttal comments and rebuttal factual
information may be filed with
Commerce no later than seven days after
the comments and/or factual
information are filed.11 All submissions
must be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).12 An electronically filed
document must be received successfully
in its entirety by ACCESS, by 5 p.m.
Eastern Time on the due dates set forth
in this notice. Note that Commerce has
temporarily modified certain
requirements for serving documents
containing business proprietary
information, until further notice.13
9 See, e.g., Certain Cased Pencils from the
People’s Republic of China: Initiation and
Preliminary Results of Antidumping Duty Changed
Circumstances Review, and Intent To Revoke Order
in Part, 77 FR 42276 (July 18, 2012), unchanged in
Certain Cased Pencils from the People’s Republic of
China: Final Results of Antidumping Duty Changed
Circumstances Review, and Determination To
Revoke Order, in Part, 77 FR 53176 (August 31,
2012).
10 In the event that Commerce determines an
expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits Commerce to combine the
notices of initiation and preliminary results.
11 Submissions of rebuttal factual information
must comply with 19 CFR 351.301(b)(2).
12 See, generally, 19 CFR 351.303.
13 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).
E:\FR\FM\21OCN1.SGM
21OCN1
84120
Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Notices
Preliminary and Final Results of the
CCR
Commerce intends to publish in the
Federal Register a notice of the
preliminary results of this CCR in
accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i). Commerce will set forth its
preliminary factual and legal
conclusions in that notice. Pursuant to
19 CFR 351.221(b)(4)(ii), interested
parties will have an opportunity to
comment on the preliminary results.
Unless extended, Commerce will issue
the final results of this CCR in
accordance with the time limits set forth
in 19 CFR 351.216(e).
Background
Dated: October 15, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
On February 18, 2015, Commerce
published the AD and CVD orders on
solar products from China.1 On August
28, 2024, Lutron, a domestic producer,
importer and exporter of subject
merchandise, requested, through CCRs,
revocation of the Orders, in part, with
respect to certain small, low-wattage,
off-grid CSPV cells, pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.216(b).2 Within its Lutron’s CCRs
request, Lutron included a letter from
the American Alliance for Solar
Manufacturing (the Alliance), a
domestic interested party in this
proceeding, in which the Alliance stated
that it did not oppose the partial
revocation of the Orders proposed by
Lutron.3 No interested parties filed
comments opposing the CCR request.
[FR Doc. 2024–24299 Filed 10–18–24; 8:45 am]
Scope of the Orders
BILLING CODE 3510–DS–P
The merchandise covered by these
Orders is modules, laminates and/or
panels consisting of crystalline silicon
photovoltaic cells, whether or not
partially or fully assembled into other
products, including building integrated
materials. For purposes of these Orders,
subject merchandise includes modules,
laminates and/or panels assembled in
China consisting of crystalline silicon
photovoltaic cells produced in a
customs territory other than China.
Subject merchandise includes
modules, laminates and/or panels
assembled in China consisting of
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.
Excluded from the scope of the Orders
are thin film photovoltaic products
produced from amorphous silicon (a-Si),
Notification to Interested Parties
This initiation notice is published in
accordance with section 751(b)(1) of the
Act, 19 CFR 351.216(b) and 19 CFR
351.221(c)(3).
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010, C–570–011]
Crystalline Silicon Photovoltaic
Products, Whether or Not Assembled
Into Modules, From the People’s
Republic of China: Notice of Initiation
of Changed Circumstances Reviews,
and Consideration of Revocation of the
Antidumping and Countervailing Duty
Orders, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from
Lutron Electronics Co., Inc. (Lutron), the
U.S. Department of Commerce
(Commerce) is initiating changed
circumstances reviews (CCRs) to
consider the possible revocation, in
part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on
crystalline silicon photovoltaic products
(solar products) from the People’s
Republic of China (China) with respect
to certain small, low-wattage, off-grid
crystalline silicon photovoltaic (CSPV)
cells as described below.
DATES: Applicable October 21, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
AGENCY:
lotter on DSK11XQN23PROD with NOTICES1
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3148.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:27 Oct 18, 2024
Jkt 265001
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015) (Orders).
2 See Lutron’s Letter, ‘‘Lutron Electronics Co.,
Inc.’s Request for Changed Circumstances Reviews
and Request to Combine Initiation and Preliminary
Results,’’ dated August 28, 2024 (CCR Request).
3 Id. at Exhibit 2 and 3.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS).
Also excluded from the scope of these
Orders are modules, laminates and/or
panels assembled in China, consisting of
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 cells. Where more than one
module, laminate and/or panel is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all modules,
laminates and/or panels that are
integrated into the consumer good.
Further, also excluded from the scope
of these Orders are any products
covered by the existing antidumping
and countervailing duty orders on
crystalline silicon photovoltaic cells,
whether or not assembled into modules,
laminates and/or panels, from China.
Additionally, excluded from the
scope of these Orders are solar panels
that are: (1) less than 300,000 mm2 in
surface area; (2) less than 27.1 watts in
power; (3) coated across their entire
surface with a polyurethane doming
resin; and (4) joined to a battery
charging and maintaining unit (which is
an acrylonitrile butadiene styrene (ABS)
box that incorporates a light emitting
diode (LED)) by coated wires that
include a connector to permit the
incorporation of an extension cable. The
battery charging and maintaining unit
utilizes high-frequency triangular pulse
waveforms designed to maintain and
extend the life of batteries through the
reduction of lead sulfate crystals. The
above-described battery charging and
maintaining unit is currently available
under the registered trademark
‘‘SolarPulse.’’
Also excluded from the scope of these
Orders are off-grid crystalline silicon
photovoltaic panels without a glass
cover with the following characteristics:
(1) total power output of 500 watts or
less per panel; (2) maximum surface
area of 8,000 cm2 per panel; (3) unit
does not include a built-in inverter; (4)
unit has visible parallel grid collector
metallic wire lines every 2–40
millimeters across each solar panel
(depending on model); (5) solar cells are
encased in laminated frosted PET
material without stitching; (6) the panel
is encased in polyester fabric with
visible stitching which includes a
Velcro-type storage pocket and unit
closure, or encased within a Neoprene
clamshell (depending on model); and (7)
includes LED indicator.
E:\FR\FM\21OCN1.SGM
21OCN1
]]>Agencies
[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84118-84120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24299]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-853]
Crystalline Silicon Photovoltaic Products, Whether or Not
Assembled Into Modules, From the People's Republic of Taiwan: Notice of
Initiation of Changed Circumstances Review, and Consideration of
Revocation of the Antidumping Order, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Lutron Electronics Co., Inc. (Lutron),
the U.S. Department of Commerce (Commerce) is initiating a changed
circumstances review (CCR) to consider the possible revocation, in
part, of the antidumping duty (AD) order on crystalline silicon
photovoltaic products (solar products) from Taiwan with respect to
certain small, low-wattage, off grid crystalline silicon photovoltaic
(CSPV) cells as described below.
DATES: Applicable October 21, 2024.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published the AD order on solar
products from Taiwan.\1\ On August 28, 2024, Lutron, a domestic
producer, importer and exporter of subject merchandise, requested,
through a CCR, revocation of the Order, in part, with respect to
certain small, low-wattage, off-grid CSPV cells, pursuant to section
751(b)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR
351.216(b).\2\ Within its Lutron's CCR request, Lutron included a
letter from the American Alliance for Solar Manufacturing (the
Alliance), a domestic interested party in this proceeding, in which the
Alliance stated that it did not oppose the partial revocation of the
Order proposed by Lutron.\3\ No interested parties filed comments
opposing the CCR request.
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products from
Taiwan: Antidumping Duty Order, 80 FR 8596 (February 18, 2015)
(Order).
\2\ See Lutron's Letter, ``Lutron Electronics Co., Inc.'s
Request for Changed Circumstances Reviews and Request to Combine
Initiation and Preliminary Results,'' dated August 28, 2024 (CCR
Request).
\3\ Id. at Exhibit 2 and 3.
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the Order is crystalline silicon
photovoltaic cells, and modules, laminates and/or panels consisting of
crystalline silicon photovoltaic cells, whether or not partially or
fully assembled into other products, including building integrated
materials.
Subject merchandise includes 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.
Modules, laminates, and panels produced in a third-country from
cells produced in Taiwan are covered by the Order. However, modules,
laminates, and panels produced in Taiwan from cells produced in a
third-country are not covered by the Order.
Excluded from the scope of the Order 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 Order are crystalline silicon photovoltaic cells, not
exceeding 10,000mm\2\ in surface area, that are permanently integrated
into a consumer good whose function is other than power generation and
that
[[Page 84119]]
consumes the electricity generated by the integrated crystalline
silicon photovoltaic cells. 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.
Further, also excluded from the scope of the Order are any products
covered by the existing antidumping and countervailing duty orders on
crystalline silicon photovoltaic cells, whether or not assembled into
modules, from the People's Republic of China (PRC).\4\
---------------------------------------------------------------------------
\4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); see also
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, from the People's Republic of China: Countervailing
Duty Order, 77 FR 73017 (December 7, 2012).
---------------------------------------------------------------------------
Also excluded from the scope of the Order are modules, laminates,
and panels produced in the PRC from crystalline silicon photovoltaic
cells produced in Taiwan that are covered by an existing proceeding on
such modules, laminates, and panels from the PRC.
Additionally, excluded from the scope of these orders are solar
panels that are: (1) less than 300,000mm\2\ in surface area; (2) less
than 27.1 watts in power; (3) coated across their entire surface with a
polyurethane doming resin; and (4) joined to a battery charging and
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box
that incorporates a light emitting diode (LED)) by coated wires that
include a connector to permit the incorporation of an extension cable .
The battery charging and maintaining unit utilizes high-frequency
triangular pulse waveforms designed to maintain and extend the life of
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available
under the registered trademark ``SolarPulse.''
Merchandise covered by the Order is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6020, 8541.40.6030, and 8501.31.8000. These HTSUS
subheadings are provided for convenience and customs purposes; the
written description of the scope of the Order is dispositive.
Proposed Partial Revocation of the Order
The products subject to the proposed revocation are certain small,
low-wattage, off-grid CSPV cells that are permanently attached to an
aluminum extrusion that controls natural light, whether or not
assembled into a fully completed automation device that controls
natural light.
Lutron requests that the following language to be added to the
scope of the Order to implement the requested exclusion:
Also excluded from the scope of these investigations are off-
grid CSPV panels in rigid form, with or without a glass cover,
permanently attached to an aluminum extrusion that is an integral
component of an automation device that controls natural light,
whether or not assembled into a fully completed automation device
that controls natural light, with the following characteristics:
1. A total power output of 20 watts or less per panel;
2. A maximum surface area of 1,000 cm\2\ per panel;
3. Does not include a built-in inverter for powering third party
devices.\5\
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\5\ See Lutron's Letter at 3.
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Initiation of CCR and Consideration of Revocation of the Order, in Part
Pursuant to section 751(b)(1) of the Act, when Commerce receives
information concerning, or a request from an interested party \6\ for a
review of, a final affirmative determination that resulted in an AD
order, which shows changed circumstances sufficient to warrant a review
of an order, Commerce shall conduct a CCR of the order.\7\ In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Lutron and the letter of no opposition to
partial revocation of the Order with respect to the products described
by Lutron constitute a sufficient basis to conduct a CCR of the
Order.\8\
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\6\ Lutron stated in its CCR Request that it is an U.S. importer
of solar panels. As such, Lutron is an interested party pursuant to
section 771(9)(A) of the Act and 19 CFR 351.102(b)(29)(ii).
\7\ See 19 CFR 351.216(d).
\8\ See CCR Request at Exhibit 2.
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Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In its administrative
practice, Commerce has interpreted ``substantially all'' to mean
producers accounting for at least 85 percent of the total U.S.
production of the domestic like product covered by the order.\9\ One
domestic interested party, the Alliance, stated that it does not object
to the partial revocation of the Order proposed by Lutron.
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\9\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
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However, because the Alliance did not indicate whether it accounts
for substantially all of the U.S. production of the domestic like
product covered by the Order, we are not combining this notice of
initiation with a preliminary determination, pursuant to 19 CFR
351.221(c)(3)(ii).\10\ Rather, we will provide interested parties with
an opportunity to address the issue of domestic industry support with
respect to the partial revocation of the Order, as explained below.
After examining comments, if any, concerning domestic industry support,
we will issue the preliminary results of this CCR.
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\10\ In the event that Commerce determines an expedited action
is warranted, 19 CFR 351.221(c)(3)(ii) permits Commerce to combine
the notices of initiation and preliminary results.
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Public Comment
Interested parties are invited to provide comments and/or factual
information regarding this CCR, including comments on industry support
and the proposed partial revocation language. Comments and factual
information may be submitted to Commerce no later than 14 days after
the date of publication of this notice. Rebuttal comments and rebuttal
factual information may be filed with Commerce no later than seven days
after the comments and/or factual information are filed.\11\ All
submissions must be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS).\12\ An electronically filed document must be
received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time
on the due dates set forth in this notice. Note that Commerce has
temporarily modified certain requirements for serving documents
containing business proprietary information, until further notice.\13\
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\11\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2).
\12\ See, generally, 19 CFR 351.303.
\13\ 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).
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[[Page 84120]]
Preliminary and Final Results of the CCR
Commerce intends to publish in the Federal Register a notice of the
preliminary results of this CCR in accordance with 19 CFR 351.221(b)(4)
and (c)(3)(i). Commerce will set forth its preliminary factual and
legal conclusions in that notice. Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an opportunity to comment on the
preliminary results. Unless extended, Commerce will issue the final
results of this CCR in accordance with the time limits set forth in 19
CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act, 19 CFR 351.216(b) and 19 CFR 351.221(c)(3).
Dated: October 15, 2024.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2024-24299 Filed 10-18-24; 8:45 am]
BILLING CODE 3510-DS-P
