Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Cambodia: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 96226-96230 [2024-28402]
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96226
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter accounts for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
(ITC) Notification
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of its preliminary determination of sales
at LTFV. If the final determination is
affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after the final determination
whether imports of the subject
merchandise are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: November 26, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
Appendix I
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Adjustment Under Section 777(A)(f) of the
Act
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024–28397 Filed 12–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Scope of the Investigation
The products covered by this investigation
are alkyl phosphate esters, which are
halogenated and non-halogenated
phosphorus-based esters with a phosphorus
content of at least 6.5 percent (per weight)
and a viscosity between 1 and 2000 mPa.s (at
20–25 °C).
Merchandise subject to this investigation
primarily includes Tris (2-chloroisopropyl)
phosphate (TCPP), Tris(1,3dichloroisopropyl) phosphate (TDCP), and
Triethyl Phosphate (TEP).
TCPP is also known as Tris (1-chloro-2propyl) phosphate, Tris (1-chloropropan-2-yl)
phosphate, Tris (monochloroisopropyl)
phosphate (TMCP), and Tris (2chloroisopropyl) phosphate (TCIP). TCPP has
the chemical formula C9H18Cl3O4P and the
Chemical Abstracts Service (CAS) Nos.
1244733–77–4 and 13674–84–5. It may also
be identified as CAS No. 6145–73–9.
TDCP is also known as Tris (1,3dichloroisopropyl) phosphate, Tris (1,3dichloro-2-propyl) phosphate, Chlorinated
tris, tris {2- chloro-1-(chloromethyl ethyl)}
phosphate, TDCPP, and TDCIPP. TDCP has
the chemical formula C9H15Cl6O4P and the
CAS No. 13674–87–8.
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TEP is also known as Phosphoric acid
triethyl ester, phosphoric ester, flame
retardant TEP, Tris(ethyl) phosphate,
Triethoxyphosphine oxide, and Ethyl
phosphate (neutral). TEP has the chemical
formula (C2H5O)3PO and the CAS No. 78–
40–0.
Imported alkyl phosphate esters are not
excluded from the scope of this investigation
even if the imported alkyl phosphate ester
consists of a single isomer or combination of
isomers in proportions different from the
isomers ordinarily provided in the market.
Also included in this investigation are
blends including one or more alkyl
phosphate esters, with or without other
substances, where the alkyl phosphate esters
account for 20 percent or more of the blend
by weight.
Alkyl phosphate esters are classified under
subheading 2919.90.5050, Harmonized Tariff
Schedule of the United States (HTSUS).
Imports may also be classified under
subheadings 2919.90.5010 and 3824.99.5000,
HTSUS. The HTSUS subheadings and CAS
registry numbers are provided for
convenience and customs purposes. The
written description of the scope is
dispositive.
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International Trade Administration
[A–555–003]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From Cambodia: Affirmative
Preliminary Determination of Sales at
Less Than Fair Value, Postponement
of Final Determination, and Extension
of Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that crystalline silicon
photovoltaic cells, whether or not
assembled into modules (solar cells)
from Cambodia are being, or are likely
to be, sold in the United States at less
than fair value (LTFV). The period of
investigation (POI) is April 1, 2023,
through March 31, 2024. Interested
parties are invited to comment on this
preliminary determination.
AGENCY:
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DATES:
Applicable December 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Joshua Weiner, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3477 or (202) 482–3902
respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce initiated this
investigation on May 14, 2024.1 On July
22, 2024, Commerce tolled certain
deadlines in this administrative
proceeding by seven days.2 On
September 17, 2024, Commerce
postponed the preliminary
determination of this investigation until
November 27, 2024.3
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.4 A list of topics
included in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are solar cells from
Cambodia. For a complete description of
1 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from
Cambodia, Malaysia, Thailand, and the Socialist
Republic of Vietnam: Initiation of Less-Than-FairValue Investigations, 89 FR 43809 (May 20, 2024)
(Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
3 See Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into Modules, From
Cambodia, Malaysia, Thailand, and the Socialist
Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value
Investigations, 89 FR 77473 (September 23, 2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Cambodia,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 Certain interested
parties commented on the scope of the
investigation as it appeared in the
Initiation Notice. For a summary of
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7
Commerce is preliminarily modifying
the scope language as it appeared in the
Initiation Notice, provided in Appendix
I to this notice. The deadline for scoperelated case and rebuttal briefs is
established in the Preliminary Scope
Decision Memoranda
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) of the Act, Commerce
preliminarily relied upon facts
otherwise available to determine
estimated weighted-average dumping
margins for Hounen Solar Inc. Co. Ltd.
(Hounen) and Solar Long PV Tech
Cambodia Co. (Solar Long), the
mandatory respondents in this
investigation because both Hounen and
Solar Long withdrew their participation
in this investigation. Further, Commerce
preliminarily determines that Hounen
and Solar Long failed to cooperate by
not acting to the best of each of their
ability to comply with Commerce’s
request for information, and Commerce
is using an adverse inference in
selecting from among the facts
otherwise available (i.e., applying
adverse facts available (AFA) to each
respondent) in accordance with section
776(b) of the Act. For a full description
of the methodology underlying our
preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that, in the
preliminary determination, Commerce
shall determine an estimated weightedaverage dumping margin, i.e., all-others
rate, for all exporters and producers not
individually examined. This rate shall
be an amount equal to the weighted
average of the estimated weightedaverage dumping margins established
for exporters or producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act.
The estimated weighted-average
dumping margins in this preliminary
determination was determined entirely
under section 776 of the Act. In cases
where no estimated weighted-average
dumping margins other than zero, de
minimis, or those determined entirely
under section 776 of the Act have been
established for individually examined
companies, in accordance with section
735(c)(5)(B) of the Act, Commerce
typically calculates a simple average of
the dumping margins alleged in the
petition, and applies the results as the
estimated weighted-average dumping
margin for all other producers and
exporters not individually examined.8
In the Petition,9 the American
Alliance for Solar Manufacturing Trade
Committee (the petitioner) alleged a
single estimated dumping margin for
Cambodia, 125.37 percent.10 Therefore,
consistent with our practice, for the allothers rate in this investigation, the
simple average of the dumping margins
alleged in the Petition is 125.37 percent.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
Weighted-average
dumping margin
(percent)
Exporter or producer
Hounen Solar Inc. Co. Ltd .........................................................................................................................
Solar Long PV Tech Cambodia Co ...........................................................................................................
All Others ...................................................................................................................................................
* 125.37
* 125.37
125.37
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
117.12
117.12
117.12
* Rate is based on AFA.
In accordance with section 733(d)(2)
of the Act, Commerce will direct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption, on or after
the date of publication of this notice in
the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19
CFR 351.205(d), Commerce will instruct
CBP to require a cash deposit equal to
the estimated weighted-average
dumping margin, as adjusted for export
subsidies, as follows: (1) the cash
deposit rate either produced or exported
by Hounen or Solar Long will be equal
to the company-specific, adjusted,
estimated weighted-average dumping
margin determined in this preliminary
determination; (2) if the exporter is not
a respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be equal to the
adjusted, all-others estimated weightedaverage dumping margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding.
Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate.
Any such adjusted cash deposit rate
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR 43810.
7 See Memoranda, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from Cambodia, Malaysia, and Thailand:
Preliminary Scope Decision Memorandum,’’ dated
concurrently with this notice and ‘‘Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules from Vietnam,’’ dated
concurrently with this notice (collectively,
Preliminary Scope Decision Memoranda).
8 See, e.g., Thermal Paper from Spain: Final
Determination of Sales at Less Than Fair Value, 86
FR 54162, 54163 (September 30, 2021).
9 See Petitioner’s Letter, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled Into
Modules, from Cambodia, Malaysia, Thailand, and
the Socialist Republic of Vietnam, Petitions for the
Imposition of Antidumping and Countervailing
Duties’’ dated April 24, 2024 (Petition).
10 See Initiation Notice, 89 FR 43812.
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Suspension of Liquidation
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may be found in the ‘‘Preliminary
Determination’’ section above.
Should provisional measures in the
companion CVD investigation expire
prior to the expiration of provisional
measures in this LTFV investigation,
Commerce will direct CBP to begin
collecting estimated antidumping duty
cash deposits unadjusted for
countervailed export subsidies at the
time that the provisional CVD measures
expire. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of any public announcement or, if
there is no public announcement,
within five days of the date of
publication of the notice of preliminary
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because Commerce
preliminarily applied AFA to the
individually examined companies in
this investigation, in accordance with
section 776 of the Act, and the applied
AFA rate is based solely on the Petition,
there are no calculations to disclose.
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address or do not satisfy the
significance standard under 19 CFR
351.224(g) following the preliminary
determination. Instead, Commerce will
address such allegations in the final
determination if the ministerial error
allegation is included with issues raised
in the case briefs or other written
comments.
ddrumheller on DSK120RN23PROD with NOTICES1
Verification
Because both mandatory respondents
in this investigation withdrew their
participation and did not act to the best
of their ability to provide information
requested by Commerce, and Commerce
preliminarily determines the mandatory
respondents have been uncooperative,
Commerce will not conduct verification.
Public Comment
All interested parties will have the
opportunity to submit scope case and
rebuttal briefs, to allow interested
parties to comment on our preliminary
scope decision at that time. For all
scope case and rebuttal briefs, parties
must file identical documents
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simultaneously on the records of the
ongoing LTFV and CVD investigations
of solar cells from Cambodia, Malaysia,
the Socialist Republic of Vietnam, and
Thailand. No new factual information or
business proprietary information may be
included in either scope case or rebuttal
briefs.
Case briefs or other written comments
regarding non-scope issues may be
submitted to the Assistant Secretary for
Enforcement and Compliance no later
than 30 days after the date of
publication of the preliminary
determination. Rebuttal briefs, limited
to issues raised in the case briefs, may
be filed not later than five days after the
date for filing case briefs.11 Interested
parties who submit case briefs or
rebuttal briefs in this proceeding must
submit: (1) a table of contents listing
each issue; and (2) a table of
authorities.12
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their briefs that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.13 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the executive
summaries as the basis of the comment
summaries included in the issues and
decision memorandum that will
accompany the final determination in
this investigation. We request that
interested parties include footnotes for
relevant citations in the executive
summary of each issue. Note that
Commerce has amended certain of its
requirements pertaining to the service of
documents in 19 CFR 351.303(f).14
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
11 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
14 See APO and Service Final Rule.
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of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the petitioner.
Section 351.210(e)(2) of Commerce’s
regulations requires that a request by
exporters for postponement of the final
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On November 14, 2024, pursuant to
19 CFR 351.210(e), Hounen and Solar
Long requested that Commerce
postpone the final determination and
that provisional measures be extended
to a period not to exceed six months.15
In accordance with section 735(a)(2)(A)
of the Act and 19 CFR 351.210(b)(2)(ii),
because: (1) the preliminary
determination is affirmative; (2) the
requesting exporter(s) account(s) for a
significant proportion of exports of the
subject merchandise; and (3) no
compelling reasons for denial exist,
Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce will
make its final determination no later
than 135 days after the date of
publication of this preliminary
determination.
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
15 See Hounen and Solar Long’s Letter, ‘‘Request
to Postpone Final Determination,’’ dated November
14, 2024.
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its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
these imports are materially injuring, or
threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: November 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
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Appendix I
Scope of the Investigation
The merchandise covered by these
investigations 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.
These investigations cover crystalline
silicon photovoltaic cells of thickness equal
to or greater than 20 micrometers, having a
p/n junction formed by any means, whether
or not the cell has undergone other
processing, including, but not limited to,
cleaning, etching, coating, and/or addition of
materials (including, but not limited to,
metallization and conductor patterns) to
collect and forward the electricity that is
generated by the cell.
Merchandise under consideration may be
described at the time of importation as parts
for final finished products that are assembled
after importation, including, but not limited
to, modules, laminates, panels, 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 investigations.
Excluded from the scope of the
investigations 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 investigations
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 investigations are panels with surface
area from 3,450 mm2 to 33,782 mm2 with one
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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
investigations 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
investigations: 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
these investigations 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.
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Also excluded from the scope of these
investigations are off-grid crystalline silicon
photovoltaic panels in rigid form with a glass
cover, with each of the following physical
characteristics, whether or not assembled
into a fully completed off-grid hydropanel
whose function is conversion of water vapor
into liquid water: (A) a total power output of
no more than 180 watts per panel at 155
degrees Celsius; (B) a surface area of less than
16,000 square centimeters (cm2) per panel;
(C) include a keep-out area of approximately
1,200 cm2 around the edges of the panel that
does not contain solar cells; (D) do not
include a built-in inverter; (E) do not have a
frame around the edges of the panel; (F)
include a clear glass back panel; (G) must
include a permanently connected wire that
terminates in a two-port rounded rectangular,
sealed connector; (H) include a thermistor
installed into the permanently connected
wire before the twoport connector; and (I)
include exposed positive and negative
terminals at opposite ends of the panel, not
enclosed in a junction box.
Further excluded from the scope of the
investigations are:
1. Off grid rigid CSPV panels with a glass
cover, with the following characteristics: (A)
a total power output of 200 watts or less per
panel, (B) a maximum surface area of 10,500
cm2 per panel, (C) do not include a built-in
inverter, (D) must include a permanently
connected wire that terminates in waterproof
connector with a cylindrical positive
electrode and a rectangular negative
electrode with the positive and negative
electrodes having an interlocking structure,
(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
2. Off-grid small portable crystalline
silicon photovoltaic panels, with or without
a glass cover, with the following
characteristics: (A) a total power output of
200 watts or less per panel, (B) a maximum
surface area of 16,000 cm2 per panel, (C) no
built-in inverter, (D) an integrated handle or
a handle attached to the package for ease of
carry, (E) one or more integrated kickstands
for easy installation or angle adjustment, and
(F) a wire either permanently connected or
attached to the package terminates in
waterproof connector with a cylindrical
positive electrode and a rectangular negative
electrode with the positive and negative
electrodes having an interlocking structure.
Also excluded from the scope of the
investigations are:
1. Off grid rigid CSPV panels with a glass
cover, with the following characteristics: (A)
a total power output of 200 watts or less per
panel, (B) a maximum surface area of 10,500
cm2 per panel, (C) do not include a built-in
inverter, (D) must include a permanently
connected wire that terminates in waterproof
connector with a cylindrical positive
electrode and a rectangular negative
electrode with the positive and negative
electrodes having an interlocking structure,
(E) must include visible parallel grid
collector metallic wire lines every 1–4
E:\FR\FM\04DEN1.SGM
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ddrumheller on DSK120RN23PROD with NOTICES1
96230
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
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
2. Small off-grid panels with glass cover,
with the following characteristics: (A) surface
area from 3,450 mm2 to 33,782 mm2, (B) with
one black wire and one red wire (each of type
22AWG or 28 AWG not more than 350 mm
in length when measured from panel
extrusion), (C) not exceeding 10 volts, (D) not
exceeding 1.1 amps, (E) not exceeding 6
watts, and (F) for the purposes of this
exclusion, no panel shall contain an internal
battery or external computer peripheral ports.
Additionally excluded from the scope of
the investigations are:
1. Off grid rigid CSPV panels with a glass
cover, with the following characteristics: (A)
a total power output of 175 watts or less per
panel, (B) a maximum surface area of 9,000
cm2 per panel, (C) do not include a built-in
inverter, (D) must include a permanently
connected wire that terminates in waterproof
connector with a cylindrical positive
electrode and a rectangular negative
electrode with the positive and negative
electrodes having an interlocking structure;
(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
2. Off grid CSPV panels without a glass
cover, with the following characteristics, (A)
a total power output of 220 watts or less per
panel, (B) a maximum surface area of 16,000
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 encased in a laminated material
without stitching.
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.
Modules, laminates, and panels produced
in a third-country from cells produced in a
subject country are covered by the
investigations; however, modules, laminates,
and panels produced in a subject country
from cells produced in a third-country are
not covered by the investigations.
Also excluded from the scope of these
investigations 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
VerDate Sep<11>2014
17:36 Dec 03, 2024
Jkt 265001
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 investigations
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 investigations is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available with
Adverse Inferences
V. Adjustments To Cash Deposit Rates For
Export Subsidies In The Companion
Countervailing Duty Investigation
VI. Recommendation
[FR Doc. 2024–28402 Filed 12–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE350]
Taking of Threatened or Endangered
Marine Mammals Incidental to
Commercial Fishing Operations;
Issuance of a Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
NMFS is issuing a permit to
authorize the incidental, but not
intentional, take of specific Endangered
Species Act (ESA)-listed marine
mammal species or stocks under the
Marine Mammal Protection Act
(MMPA), in the Washington (WA)/
Oregon (OR)/California (CA) sablefish
pot fishery.
DATES: This permit is effective for a 3year period beginning December 4,
2024.
SUMMARY:
The materials supporting
the permit are available on the internet
at https://www.regulations.gov/docket/
ADDRESSES:
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
NOAA-NMFS-2024-0087. Other
supporting information is available on
the internet including: recovery plans
for the ESA-listed marine mammal
species, https://www.fisheries.noaa.gov/
national/endangered-speciesconservation/recovery-species-underendangered-species-act; 2024 MMPA
List of Fisheries (LOF), https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/listfisheries-summary-tables; the most
recent Marine Mammal Stock
Assessment Reports (SAR) by region,
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessmentreports-region, and stock, https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reportsspecies-stock; and Take Reduction
Teams (TRT) and Plans, https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-take-reduction-plans-andteams.
FOR FURTHER INFORMATION CONTACT: Dan
Lawson, West Coast Region, (206) 526–
4740, Dan.Lawson@noaa.gov, or Jaclyn
Taylor, NMFS Office of Protected
Resources, (301) 427–8402,
Jaclyn.Taylor@noaa.gov.
SUPPLEMENTARY INFORMATION: The
MMPA requires NMFS to authorize the
incidental take of ESA-listed marine
mammals in commercial fisheries
provided it can make the following
determinations: (1) the incidental
mortality and serious injury (M/SI) from
commercial fisheries will have a
negligible impact on the affected species
or stocks; (2) a recovery plan for all
affected species or stocks of threatened
or endangered marine mammals has
been developed or is being developed
pursuant to the ESA; and (3) where
required under MMPA section 118, a
take reduction plan (TRP) has been
developed or is being developed, a
monitoring program is established, and
vessels participating in the fishery are
registered. We have determined that the
Category II WA/OR/CA sablefish pot
fishery meets these three requirements
and are issuing a permit to the fishery
to authorize the incidental take of ESAlisted marine mammal species or stocks
(Central America/Southern Mexico-CA/
OR/WA and Mainland Mexico-CA/OR/
WA stocks of humpback whale) under
the MMPA for a period of 3 years.
Background
The MMPA LOF classifies each
commercial fishery as a Category I, II, or
III fishery based on the level of mortality
and injury of marine mammals
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96226-96230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28402]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-555-003]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Cambodia: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells) from Cambodia are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is April 1, 2023, through March 31,
2024. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Joshua Weiner, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3477 or (202)
482-3902 respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
initiated this investigation on May 14, 2024.\1\ On July 22, 2024,
Commerce tolled certain deadlines in this administrative proceeding by
seven days.\2\ On September 17, 2024, Commerce postponed the
preliminary determination of this investigation until November 27,
2024.\3\
---------------------------------------------------------------------------
\1\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from Cambodia, Malaysia, Thailand, and the
Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 89 FR 43809 (May 20, 2024) (Initiation Notice).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled Into Modules, From Cambodia, Malaysia, Thailand, and the
Socialist Republic of Vietnam: Postponement of Preliminary
Determinations in the Less-Than-Fair-Value Investigations, 89 FR
77473 (September 23, 2024).
---------------------------------------------------------------------------
For a complete description of the events that followed the
initiation of this investigation, see the Preliminary Decision
Memorandum.\4\ A list of topics included in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from Cambodia,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are solar cells from
Cambodia. For a complete description of
[[Page 96227]]
the scope of this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of product coverage comments and
rebuttal responses submitted to the record for this preliminary
determination, and accompanying discussion and analysis of all comments
timely received, see the Preliminary Scope Decision Memorandum.\7\
Commerce is preliminarily modifying the scope language as it appeared
in the Initiation Notice, provided in Appendix I to this notice. The
deadline for scope-related case and rebuttal briefs is established in
the Preliminary Scope Decision Memoranda
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\6\ See Initiation Notice, 89 FR 43810.
\7\ See Memoranda, ``Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into Modules, from Cambodia, Malaysia, and
Thailand: Preliminary Scope Decision Memorandum,'' dated
concurrently with this notice and ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled into Modules from Vietnam,'' dated
concurrently with this notice (collectively, Preliminary Scope
Decision Memoranda).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) of the Act, Commerce
preliminarily relied upon facts otherwise available to determine
estimated weighted-average dumping margins for Hounen Solar Inc. Co.
Ltd. (Hounen) and Solar Long PV Tech Cambodia Co. (Solar Long), the
mandatory respondents in this investigation because both Hounen and
Solar Long withdrew their participation in this investigation. Further,
Commerce preliminarily determines that Hounen and Solar Long failed to
cooperate by not acting to the best of each of their ability to comply
with Commerce's request for information, and Commerce is using an
adverse inference in selecting from among the facts otherwise available
(i.e., applying adverse facts available (AFA) to each respondent) in
accordance with section 776(b) of the Act. For a full description of
the methodology underlying our preliminary determination, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
weighted-average dumping margin, i.e., all-others rate, for all
exporters and producers not individually examined. This rate shall be
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters or producers
individually investigated, excluding any zero and de minimis margins,
and any margins determined entirely under section 776 of the Act.
The estimated weighted-average dumping margins in this preliminary
determination was determined entirely under section 776 of the Act. In
cases where no estimated weighted-average dumping margins other than
zero, de minimis, or those determined entirely under section 776 of the
Act have been established for individually examined companies, in
accordance with section 735(c)(5)(B) of the Act, Commerce typically
calculates a simple average of the dumping margins alleged in the
petition, and applies the results as the estimated weighted-average
dumping margin for all other producers and exporters not individually
examined.\8\
---------------------------------------------------------------------------
\8\ See, e.g., Thermal Paper from Spain: Final Determination of
Sales at Less Than Fair Value, 86 FR 54162, 54163 (September 30,
2021).
---------------------------------------------------------------------------
In the Petition,\9\ the American Alliance for Solar Manufacturing
Trade Committee (the petitioner) alleged a single estimated dumping
margin for Cambodia, 125.37 percent.\10\ Therefore, consistent with our
practice, for the all-others rate in this investigation, the simple
average of the dumping margins alleged in the Petition is 125.37
percent.
---------------------------------------------------------------------------
\9\ See Petitioner's Letter, ``Crystalline Silicon Photovoltaic
Cells, Whether or Not Assembled Into Modules, from Cambodia,
Malaysia, Thailand, and the Socialist Republic of Vietnam, Petitions
for the Imposition of Antidumping and Countervailing Duties'' dated
April 24, 2024 (Petition).
\10\ See Initiation Notice, 89 FR 43812.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Exporter or producer dumping margin subsidy offset(s))
(percent) (percent)
------------------------------------------------------------------------
Hounen Solar Inc. Co. Ltd........ * 125.37 117.12
Solar Long PV Tech Cambodia Co... * 125.37 117.12
All Others....................... 125.37 117.12
------------------------------------------------------------------------
* Rate is based on AFA.
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption, on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin, as adjusted for export subsidies, as follows:
(1) the cash deposit rate either produced or exported by Hounen or
Solar Long will be equal to the company-specific, adjusted, estimated
weighted-average dumping margin determined in this preliminary
determination; (2) if the exporter is not a respondent identified
above, but the producer is, then the cash deposit rate will be equal to
the company-specific estimated weighted-average dumping margin
established for that producer of the subject merchandise; and (3) the
cash deposit rate for all other producers and exporters will be equal
to the adjusted, all-others estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding. Accordingly, where Commerce
preliminarily made an affirmative determination for countervailable
export subsidies, Commerce has offset the estimated weighted-average
dumping margin by the appropriate CVD rate. Any such adjusted cash
deposit rate
[[Page 96228]]
may be found in the ``Preliminary Determination'' section above.
Should provisional measures in the companion CVD investigation
expire prior to the expiration of provisional measures in this LTFV
investigation, Commerce will direct CBP to begin collecting estimated
antidumping duty cash deposits unadjusted for countervailed export
subsidies at the time that the provisional CVD measures expire. These
suspension of liquidation instructions will remain in effect until
further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with a preliminary determination within five
days of any public announcement or, if there is no public announcement,
within five days of the date of publication of the notice of
preliminary determination in the Federal Register, in accordance with
19 CFR 351.224(b). However, because Commerce preliminarily applied AFA
to the individually examined companies in this investigation, in
accordance with section 776 of the Act, and the applied AFA rate is
based solely on the Petition, there are no calculations to disclose.
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address or do not satisfy the significance
standard under 19 CFR 351.224(g) following the preliminary
determination. Instead, Commerce will address such allegations in the
final determination if the ministerial error allegation is included
with issues raised in the case briefs or other written comments.
Verification
Because both mandatory respondents in this investigation withdrew
their participation and did not act to the best of their ability to
provide information requested by Commerce, and Commerce preliminarily
determines the mandatory respondents have been uncooperative, Commerce
will not conduct verification.
Public Comment
All interested parties will have the opportunity to submit scope
case and rebuttal briefs, to allow interested parties to comment on our
preliminary scope decision at that time. For all scope case and
rebuttal briefs, parties must file identical documents simultaneously
on the records of the ongoing LTFV and CVD investigations of solar
cells from Cambodia, Malaysia, the Socialist Republic of Vietnam, and
Thailand. No new factual information or business proprietary
information may be included in either scope case or rebuttal briefs.
Case briefs or other written comments regarding non-scope issues
may be submitted to the Assistant Secretary for Enforcement and
Compliance no later than 30 days after the date of publication of the
preliminary determination. Rebuttal briefs, limited to issues raised in
the case briefs, may be filed not later than five days after the date
for filing case briefs.\11\ Interested parties who submit case briefs
or rebuttal briefs in this proceeding must submit: (1) a table of
contents listing each issue; and (2) a table of authorities.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their briefs that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\13\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
---------------------------------------------------------------------------
\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final Rule.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice. Requests should contain
the party's name, address, and telephone number, the number of
participants, whether any participant is a foreign national, and a list
of the issues to be discussed. If a request for a hearing is made,
Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioner. Section 351.210(e)(2) of Commerce's regulations
requires that a request by exporters for postponement of the final
determination be accompanied by a request for extension of provisional
measures from a four-month period to a period not more than six months
in duration.
On November 14, 2024, pursuant to 19 CFR 351.210(e), Hounen and
Solar Long requested that Commerce postpone the final determination and
that provisional measures be extended to a period not to exceed six
months.\15\ In accordance with section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter(s) account(s) for a
significant proportion of exports of the subject merchandise; and (3)
no compelling reasons for denial exist, Commerce is postponing the
final determination and extending the provisional measures from a four-
month period to a period not greater than six months. Accordingly,
Commerce will make its final determination no later than 135 days after
the date of publication of this preliminary determination.
---------------------------------------------------------------------------
\15\ See Hounen and Solar Long's Letter, ``Request to Postpone
Final Determination,'' dated November 14, 2024.
---------------------------------------------------------------------------
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of
[[Page 96229]]
its preliminary determination. If the final determination is
affirmative, the ITC will determine before the later of 120 days after
the date of this preliminary determination or 45 days after the final
determination whether these imports are materially injuring, or
threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: November 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by these investigations 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.
These investigations cover crystalline silicon photovoltaic
cells of thickness equal to or greater than 20 micrometers, having a
p/n junction formed by any means, whether or not the cell has
undergone other processing, including, but not limited to, cleaning,
etching, coating, and/or addition of materials (including, but not
limited to, metallization and conductor patterns) to collect and
forward the electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules,
laminates, panels, building-integrated modules, building-integrated
panels, or other finished goods kits. Such parts that otherwise meet
the definition of merchandise under consideration are included in
the scope of the investigations.
Excluded from the scope of the investigations 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 investigations 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 investigations 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 investigations 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 investigations: 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 these investigations 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 these investigations 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.
Further excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per
panel, (C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure, (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
2. Off-grid small portable crystalline silicon photovoltaic
panels, with or without a glass cover, with the following
characteristics: (A) a total power output of 200 watts or less per
panel, (B) a maximum surface area of 16,000 cm\2\ per panel, (C) no
built-in inverter, (D) an integrated handle or a handle attached to
the package for ease of carry, (E) one or more integrated kickstands
for easy installation or angle adjustment, and (F) a wire either
permanently connected or attached to the package terminates in
waterproof connector with a cylindrical positive electrode and a
rectangular negative electrode with the positive and negative
electrodes having an interlocking structure.
Also excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per
panel, (C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure, (E) must include visible parallel grid
collector metallic wire lines every 1-4
[[Page 96230]]
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
2. Small off-grid panels with glass cover, with the following
characteristics: (A) surface area from 3,450 mm\2\ to 33,782 mm\2\,
(B) with one black wire and one red wire (each of type 22AWG or 28
AWG not more than 350 mm in length when measured from panel
extrusion), (C) not exceeding 10 volts, (D) not exceeding 1.1 amps,
(E) not exceeding 6 watts, and (F) for the purposes of this
exclusion, no panel shall contain an internal battery or external
computer peripheral ports.
Additionally excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 175 watts or
less per panel, (B) a maximum surface area of 9,000 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a
permanently connected wire that terminates in waterproof connector
with a cylindrical positive electrode and a rectangular negative
electrode with the positive and negative electrodes having an
interlocking structure; (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
2. Off grid CSPV panels without a glass cover, with the
following characteristics, (A) a total power output of 220 watts or
less per panel, (B) a maximum surface area of 16,000 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 encased in
a laminated material without stitching.
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.
Modules, laminates, and panels produced in a third-country from
cells produced in a subject country are covered by the
investigations; however, modules, laminates, and panels produced in
a subject country from cells produced in a third-country are not
covered by the investigations.
Also excluded from the scope of these investigations 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 investigations 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 investigations is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Application of Facts Available with Adverse Inferences
V. Adjustments To Cash Deposit Rates For Export Subsidies In The
Companion Countervailing Duty Investigation
VI. Recommendation
[FR Doc. 2024-28402 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
