Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Malaysia: Amended Preliminary Determination of Countervailing Duty Investigation, 88232-88234 [2024-25872]
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Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Notices
II. Method of Collection
The checklists and templates are
collected via both paper and electronic
submissions. These checklists and
templates, as well as any special
conditions incorporated into the terms
and conditions at the time of award,
supplement the requirements that apply
to EDA-funded construction projects.
As a part of this renewal process, EDA
plans to make clarifying edits to the
series of checklists and templates,
thereby facilitating timely completion
by the award recipient and approval by
EDA. Additionally, EDA developed a
collection to help recipients comply
with the requirements of the Build
America, Buy America provisions of the
Infrastructure and Investment Jobs Act
(Pub. L. 117–58); updated the
environmental narrative form required
for all construction projects; and
developed a new version of its existing
property reporting requirements to
accommodate situations unique to
Tribal recipients. None of the edits are
expected to increase the time burden on
the respondent nor do the modifications
change the type of collected
information.
lotter on DSK11XQN23PROD with NOTICES1
III. Data
OMB Control Number: 0610–0096.
Form Number(s): None.
Type of Review: Regular submission;
Revision and extension of a currently
approved collection.
Affected Public: Recipients of EDA
construction (Public Works or Economic
Assistance Adjustment) awards,
including (1) cities or other political
subdivisions of a state, including a
special purpose unit of state or local
government engaged in economic or
infrastructure development activities, or
a consortium of political subdivisions;
(2) states; (3) institutions of higher
education or a consortium of
institutions of higher education; (4)
public or private non-profit
organizations or associations; (5) District
Organizations; and (6) Indian Tribes or
a consortia of Indian Tribes.
Estimated Number of Respondents:
3,500.
Estimated Time per Response: 2
hours.
Estimated Total Annual Burden
Hours: 7,000 hours.
Estimated Total Annual Cost to
Public: $480,200 (cost assumes
application of U.S. Bureau of Labor
Statistics September 2024 hourly
employer costs for employee
compensation for professional and
related occupations of $68.60).
Respondent’s Obligation: Mandatory.
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18:15 Nov 06, 2024
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Legal Authority: The Public Works
and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.)
Dated: November 1, 2024.
Elizabeth Whiteman,
Executive Secretary.
IV. Request for Comments
[FR Doc. 2024–25868 Filed 11–6–24; 8:45 am]
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–153–2024]
Approval of Subzone Status; Senior
Operations LLC; New Braunfels, Texas
On August 22, 2024, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board docketed an application
submitted by the City of San Antonio,
grantee of FTZ 80, requesting subzone
status subject to the existing activation
limit of FTZ 80, on behalf of Senior
Operations LLC, in New Braunfels,
Texas.
The application was processed in
accordance with the FTZ Act and
Regulations, including notice in the
Federal Register inviting public
comment (89 FR 68583–68584, August
27, 2024). The FTZ staff examiner
reviewed the application and
determined that it meets the criteria for
approval. Pursuant to the authority
delegated to the FTZ Board Executive
Secretary (15 CFR 400.36(f)), the
application to establish Subzone 80H
was approved on November 4, 2024,
subject to the FTZ Act and the Board’s
regulations, including section 400.13,
and further subject to FTZ 80’s 2,000acre activation limit.
Sheleen Dumas,
Departmental PRA Clearance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
Dated: November 4, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–25901 Filed 11–6–24; 8:45 am]
[FR Doc. 2024–25900 Filed 11–6–24; 8:45 am]
BILLING CODE 3510–24–P
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
International Trade Administration
[C–557–831]
[B–49–2024]
Foreign-Trade Zone (FTZ) 250;
Withdrawal of Notification of Proposed
Production Activity; Boss Laser LLC;
(Laser Machines); Sanford, Florida
Notice is hereby given of the
withdrawal of the notification of
proposed production activity submitted
by Boss Laser LLC for its facility in
Sanford, Florida, within FTZ 250. The
notification was docketed on September
17, 2024 (89 FR 77472, September 23,
2024). The withdrawal was requested by
Boss Laser LLC on October 31, 2024.
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Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From Malaysia: Amended
Preliminary Determination of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
preliminary affirmative countervailing
duty determination on crystalline
silicon photovoltaic cells, whether or
not assembled into modules (solar
AGENCY:
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07NON1
Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Notices
cells), from Malaysia to correct for
significant ministerial errors.
DATES: Applicable November 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Preston Cox or Scarlet Jaldin, 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) 482–5041 or (202) 482–4275,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 703(b) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.205(b), on October
4, 2024, Commerce published its
preliminary affirmative countervailing
duty determination on solar cells from
Malaysia.1 On October 8, 2024, we
received timely ministerial error
allegations from the American Alliance
for Solar Manufacturing Trade
Committee (the petitioner) and Jinko
Solar Technology Sdn. Bhd. (Jinko Solar
Technology) that Commerce made
significant ministerial errors in the
Preliminary Determination with respect
to the subsidy rate calculated for Jinko
Solar Technology (JST) and its affiliates
Jinko Solar (Malaysia) Sdn. Bhd. and
Omega Solar Sdn. Bhd. (Omega)
(collectively, Jinko Solar).2
Period of Investigation
The period of investigation (POI) is
January 1, 2023, through December 31,
2023.
Scope of the Investigation
The product covered by this
investigation is solar cells from
Malaysia. For a complete description of
the scope of this investigation, see the
appendix to this notice.
lotter on DSK11XQN23PROD with NOTICES1
Analysis of Significant Ministerial
Error Allegations
According to 19 CFR 351.224(e),
Commerce will analyze any comments
received and, if appropriate, correct any
significant ministerial error by
amending the preliminary
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from
Malaysia: Preliminary Affirmative Countervailing
Duty Determination and Alignment of Final
Determination with Final Antidumping Duty
Determination, 89 FR 80861 (October 4, 2024)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Petitioner’s Letter, ‘‘Ministerial Error
Comments Regarding the Preliminary
Determination,’’ dated October 8, 2024 (Petitioner’s
Ministerial Error Allegation); see also Jinko Solar’s
Letter, ‘‘Jinko Ministerial Error Allegation,’’ dated
October 8, 2024 (Jinko Solar’s Ministerial Error
Allegation).
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18:15 Nov 06, 2024
Jkt 265001
determination. A ministerial error is
defined in 19 CFR 351.224(f) as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’ 3 A significant ministerial
error is defined as a ministerial error,
the correction of which, singly or in
combination with other errors, would
result in: (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the
countervailing duty (CVD) rate
calculated in the original preliminary
determination; or (2) a difference
between a CVD rate of zero (or de
minimis) and a CVD rate greater than de
minimis, or vice versa.4
Amended Preliminary Determination
Consistent with 19 CFR 351.224(e),
Commerce is amending the Preliminary
Determination to reflect the correction
of two ministerial errors made in the
calculation of the countervailable
subsidy rate for Jinko Solar.5 First, when
calculating Jinko Solar’s countervailable
subsidy rate, we incorrectly calculated
one of Jinko Solar’s denominators, used
for the purposes of calculating the ad
valorem subsidy rate. Commerce finds
that correction of this error submitted by
the petitioner results in a change that is
both at least five absolute percentage
points in, and not less than 25 percent
of, the subsidy rate calculated for Jinko
Solar in the Preliminary Determination.
As such, we find that there is a
significant ministerial error within the
meaning of sections 705(e) of the Act,
and 19 CFR 351.224(f) and (g)(1).
Therefore, we are correcting for this
error by amending the Preliminary
Determination, consistent with 19 CFR
351.224(e), and revising the calculations
with regard to Jinko Solar’s subsidy rate,
the all-others rate, and the adverse facts
available (AFA) rate. Additionally,
when calculating the countervailable
subsidy rate attributable to Jinko Solar
under the Exemption of Import Duties
and Sales Taxes for Raw Materials,
Machinery, Equipment, and Spare Parts/
Accessories through Licensed
Manufacturing Warehouses (LMWs)
program, we inadvertently summed the
benefits for both the LMW program and
3 See
section 705(e) of the Act.
19 CFR 351.224(g).
5 See Memorandum, ‘‘Countervailing Duty
Investigation of Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules,
from Malaysia: Ministerial Error Allegations in the
Preliminary Determination,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Ministerial Error Memorandum).
4 See
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88233
the Free Trade Zone (FTZ) program to
calculate the raw materials LMW
benefit, resulting in double-counting of
the benefits from the FTZ program for
raw materials imports. We find that this
allegation constitutes a ministerial error
within the meaning of 19 CFR
351.224(f). Although by itself, this error
is not ‘‘significant’’ within the meaning
of 19 CFR 351.224(g), because correcting
for this error in combination with the
error alleged by the petitioner satisfies
the requirements of 19 CFR
351.224(g)(1), we are correcting for both
errors by amending the Preliminary
Determination, consistent with 19 CFR
351.224(e).
For a complete discussion of these
ministerial errors, see the Preliminary
Ministerial Error Memorandum.
Amended Preliminary Determination
As a result of correcting the
ministerial errors described above, we
determine the following amended
preliminary net countervailable subsidy
rates for Jinko Solar and all other
producers/exporters, and the AFA
subsidy rate:
Company
Hanwha Q CELLS Malaysia
Sdn. Bhd ...........................
Jinko Solar Technology Sdn
Bhd and its cross-owned
companies: Jinko Solar
(Malaysia) Sdn. Bhd. and
Omega Solar Sdn. Bhd .....
Baojia New Energy ...............
Pax Union Resources SDN
BHD ...................................
SunMax Energy SDN BHD ..
All Others ..............................
Subsidy rate
(percent
ad valorem)
* 14.72
9.92
** 124.78
** 124.78
** 124.78
12.32
* Rate unchanged from the Preliminary Determination.
** Rate based on AFA.
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
established according to the rates
calculated in this amended preliminary
determination. Because the amended
rates for Jinko Solar, all-others, and nonresponsive companies result in
increased cash deposits, they will be
effective retroactively to October 4,
2024, the date of the publication of the
Preliminary Determination. Parties will
be notified of this determination, in
accordance with section 703(d) and (f)
of the Act.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
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Federal Register / Vol. 89, No. 216 / Thursday, November 7, 2024 / Notices
announcement of the amended
preliminary determination, in
accordance with 19 CFR 351.224.
Notification to Interested Parties
This notice is issued and published
pursuant to sections 703(f) and 777(i) of
the Act and 19 CFR 351.224(e).
Dated: October 31, 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.
lotter on DSK11XQN23PROD with NOTICES1
Appendix
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
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
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18:15 Nov 06, 2024
Jkt 265001
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
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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
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.
[FR Doc. 2024–25872 Filed 11–6–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–898]
Large Diameter Welded Pipe From the
Republic of Korea: Final Results of
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
AGENCY:
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]]>Agencies
[Federal Register Volume 89, Number 216 (Thursday, November 7, 2024)]
[Notices]
[Pages 88232-88234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25872]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-557-831]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Malaysia: Amended Preliminary Determination of
Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
preliminary affirmative countervailing duty determination on
crystalline silicon photovoltaic cells, whether or not assembled into
modules (solar
[[Page 88233]]
cells), from Malaysia to correct for significant ministerial errors.
DATES: Applicable November 7, 2024.
FOR FURTHER INFORMATION CONTACT: Preston Cox or Scarlet Jaldin, 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) 482-5041 or (202) 482-4275,
respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 703(b) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.205(b), on October 4, 2024, Commerce
published its preliminary affirmative countervailing duty determination
on solar cells from Malaysia.\1\ On October 8, 2024, we received timely
ministerial error allegations from the American Alliance for Solar
Manufacturing Trade Committee (the petitioner) and Jinko Solar
Technology Sdn. Bhd. (Jinko Solar Technology) that Commerce made
significant ministerial errors in the Preliminary Determination with
respect to the subsidy rate calculated for Jinko Solar Technology (JST)
and its affiliates Jinko Solar (Malaysia) Sdn. Bhd. and Omega Solar
Sdn. Bhd. (Omega) (collectively, Jinko Solar).\2\
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Malaysia: Preliminary Affirmative
Countervailing Duty Determination and Alignment of Final
Determination with Final Antidumping Duty Determination, 89 FR 80861
(October 4, 2024) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ See Petitioner's Letter, ``Ministerial Error Comments
Regarding the Preliminary Determination,'' dated October 8, 2024
(Petitioner's Ministerial Error Allegation); see also Jinko Solar's
Letter, ``Jinko Ministerial Error Allegation,'' dated October 8,
2024 (Jinko Solar's Ministerial Error Allegation).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation (POI) is January 1, 2023, through
December 31, 2023.
Scope of the Investigation
The product covered by this investigation is solar cells from
Malaysia. For a complete description of the scope of this
investigation, see the appendix to this notice.
Analysis of Significant Ministerial Error Allegations
According to 19 CFR 351.224(e), Commerce will analyze any comments
received and, if appropriate, correct any significant ministerial error
by amending the preliminary determination. A ministerial error is
defined in 19 CFR 351.224(f) as ``an error in addition, subtraction, or
other arithmetic function, clerical error resulting from inaccurate
copying, duplication, or the like, and any other similar type of
unintentional error which the Secretary considers ministerial.'' \3\ A
significant ministerial error is defined as a ministerial error, the
correction of which, singly or in combination with other errors, would
result in: (1) a change of at least five absolute percentage points in,
but not less than 25 percent of, the countervailing duty (CVD) rate
calculated in the original preliminary determination; or (2) a
difference between a CVD rate of zero (or de minimis) and a CVD rate
greater than de minimis, or vice versa.\4\
---------------------------------------------------------------------------
\3\ See section 705(e) of the Act.
\4\ See 19 CFR 351.224(g).
---------------------------------------------------------------------------
Amended Preliminary Determination
Consistent with 19 CFR 351.224(e), Commerce is amending the
Preliminary Determination to reflect the correction of two ministerial
errors made in the calculation of the countervailable subsidy rate for
Jinko Solar.\5\ First, when calculating Jinko Solar's countervailable
subsidy rate, we incorrectly calculated one of Jinko Solar's
denominators, used for the purposes of calculating the ad valorem
subsidy rate. Commerce finds that correction of this error submitted by
the petitioner results in a change that is both at least five absolute
percentage points in, and not less than 25 percent of, the subsidy rate
calculated for Jinko Solar in the Preliminary Determination. As such,
we find that there is a significant ministerial error within the
meaning of sections 705(e) of the Act, and 19 CFR 351.224(f) and
(g)(1). Therefore, we are correcting for this error by amending the
Preliminary Determination, consistent with 19 CFR 351.224(e), and
revising the calculations with regard to Jinko Solar's subsidy rate,
the all-others rate, and the adverse facts available (AFA) rate.
Additionally, when calculating the countervailable subsidy rate
attributable to Jinko Solar under the Exemption of Import Duties and
Sales Taxes for Raw Materials, Machinery, Equipment, and Spare Parts/
Accessories through Licensed Manufacturing Warehouses (LMWs) program,
we inadvertently summed the benefits for both the LMW program and the
Free Trade Zone (FTZ) program to calculate the raw materials LMW
benefit, resulting in double-counting of the benefits from the FTZ
program for raw materials imports. We find that this allegation
constitutes a ministerial error within the meaning of 19 CFR
351.224(f). Although by itself, this error is not ``significant''
within the meaning of 19 CFR 351.224(g), because correcting for this
error in combination with the error alleged by the petitioner satisfies
the requirements of 19 CFR 351.224(g)(1), we are correcting for both
errors by amending the Preliminary Determination, consistent with 19
CFR 351.224(e).
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\5\ See Memorandum, ``Countervailing Duty Investigation of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from Malaysia: Ministerial Error Allegations in the
Preliminary Determination,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Ministerial Error Memorandum).
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For a complete discussion of these ministerial errors, see the
Preliminary Ministerial Error Memorandum.
Amended Preliminary Determination
As a result of correcting the ministerial errors described above,
we determine the following amended preliminary net countervailable
subsidy rates for Jinko Solar and all other producers/exporters, and
the AFA subsidy rate:
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Hanwha Q CELLS Malaysia Sdn. Bhd........................ * 14.72
Jinko Solar Technology Sdn Bhd and its cross-owned 9.92
companies: Jinko Solar (Malaysia) Sdn. Bhd. and Omega
Solar Sdn. Bhd.........................................
Baojia New Energy....................................... ** 124.78
Pax Union Resources SDN BHD............................. ** 124.78
SunMax Energy SDN BHD................................... ** 124.78
All Others.............................................. 12.32
------------------------------------------------------------------------
* Rate unchanged from the Preliminary Determination.
** Rate based on AFA.
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be established according to the rates calculated in this amended
preliminary determination. Because the amended rates for Jinko Solar,
all-others, and non-responsive companies result in increased cash
deposits, they will be effective retroactively to October 4, 2024, the
date of the publication of the Preliminary Determination. Parties will
be notified of this determination, in accordance with section 703(d)
and (f) of the Act.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public
[[Page 88234]]
announcement of the amended preliminary determination, in accordance
with 19 CFR 351.224.
Notification to Interested Parties
This notice is issued and published pursuant to sections 703(f) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: October 31, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the 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 mm\2\
in surface area, that are permanently integrated into a consumer
good whose function is other than power generation and that consumes
the electricity generated by the integrated crystalline silicon
photovoltaic cell. Where more than one cell is permanently
integrated into a consumer good, the surface area for purposes of
this exclusion shall be the total combined surface area of all cells
that are integrated into the consumer good.
Additionally, excluded from the scope of the investigation are
panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one
black wire and one red wire (each of type 22 AWG or 24 AWG not more
than 206 mm in length when measured from panel extrusion), and not
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of
this exclusion, no panel shall contain an internal battery or
external computer peripheral ports.
Also excluded from the scope of the 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 cm\2\ 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 cm\2\ per panel;
(C) do not include a built-in inverter; (D) must include visible
parallel grid collector metallic wire lines every 1-4 millimeters
across each solar cell; and (E) each panel is (1) permanently
integrated into a consumer good; (2) encased in a laminated material
without stitching, or (3) has all of the following characteristics:
(i) the panel is encased in sewn fabric with visible stitching, (ii)
includes a mesh zippered storage pocket, and (iii) includes a
permanently attached wire that terminates in a female USB-A
connector.
In addition, the following CSPV panels are excluded from the
scope of the 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 (cm\2\) per panel; (C) do
not include a built-in inverter; (D) do not have a frame around the
edges of the panel; (E) include a clear glass back panel; and (F)
must include a permanently connected wire that terminates in a
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 surface area of 16,000 cm\2\ per panel; (3) no built-in
inverter; (4) an integrated handle or a handle attached to the
package for ease of carry; (5) one or more integrated kickstands for
easy installation or angle adjustment; and (6) a wire of not less
than 3 meters either permanently connected or attached to the
package that terminates in an 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
(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 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.
[FR Doc. 2024-25872 Filed 11-6-24; 8:45 am]
BILLING CODE 3510-DS-P
