Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules From the Socialist Republic of Vietnam: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination and Extension of Provisional Measures, 96219-96223 [2024-28403]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–841]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules From the Socialist Republic
of Vietnam: Preliminary Affirmative
Determination of Sales at Less Than
Fair Value, Preliminary Affirmative
Determination of Critical
Circumstances, in Part, and
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 the Socialist Republic of Vietnam
(Vietnam) are being, or are likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is October 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:
Laurel LaCivita or Deborah Cohen, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 or (202) 482–4521,
respectively.
AGENCY:
Scope of the Investigation
The products covered by this
investigation are solar cells from
Vietnam. For a complete description of
the scope of this investigation, see
Appendix I.
Scope Comments
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
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 the
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 Memoranda.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
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 the Socialist
Republic of Vietnam,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice, 89 FR 43810.
7 See Memoranda, ‘‘Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into
Modules, from Cambodia, Malaysia, and Thailand:
SUPPLEMENTARY INFORMATION:
Background
ddrumheller on DSK120RN23PROD with NOTICES1
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.
VerDate Sep<11>2014
17:36 Dec 03, 2024
Jkt 265001
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
96219
established in the Preliminary Scope
Decision Memoranda.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce has
calculated constructed export prices in
accordance with section 772(b) of the
Act. Because Vietnam is a non-market
economy, within the meaning of section
771(18) of the Act, Commerce has
calculated normal value in accordance
with section 773(c) of the Act.
Furthermore, pursuant to sections
776(a) and (b) of the Act, Commerce
preliminarily relied upon facts
otherwise available, with adverse
inferences, for the Vietnam-wide entity.
For a full description of the
methodology underlying Commerce’s
preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Affirmative Determination
of Critical Circumstances, in Part
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily determines that critical
circumstances exist with respect to
imports of solar cells from Vietnam for
the non-selected companies eligible for
a separate rate and the Vietnam-wide
entity, but that critical circumstances do
not exist for mandatory respondents JA
Solar Vietnam Co. Ltd (JA Solar) and
Jinko Solar (Vietnam) Industries
Company Limited (Jinko Vietnam). For
a full description of the methodology
and results of Commerce’s analysis, see
the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,8 Commerce
stated that it would calculate producer/
exporter combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.9
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
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 Initiation Notice, 89 FR 43814.
9 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on Commerce’s website at
https://enforcement.trade.gov/policy/bull05-1.pdf.
E:\FR\FM\04DEN1.SGM
04DEN1
96220
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
Estimated
weighted-average
dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
Producer
Exporter
JA Solar Vietnam Co. Ltd./JA Solar PV 10 ...........
Jinko Solar (Vietnam) Industries Company Limited.
Blue Moon Vina Co ..............................................
Boviet Solar Technology Co., Ltd ........................
Elite Solar Technology (Vietnam) Company Limited.
Letsolar Vietnam Company Limited .....................
Mecen Solar Vina Co., Ltd ...................................
Nexuns Vietnam Company Limited ......................
Trina Solar Energy Development Company Ltd ..
Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd.
(collectively, Vietnergy).
Vietnam Sunergy Joint Stock Company (f.k.a.
Vietnam Sunergy Company Limited).
JA Solar Vietnam Co. Ltd ....................................
Jinko Solar (Vietnam) Industries Company Limited.
Blue Moon Vina Co ..............................................
Boviet Solar Technology Co., Ltd ........................
Elite SNG ..............................................................
53.30
56.51
53.19
56.40
54.46
54.46
54.46
54.35
54.46
54.35
Letsolar Vietnam Company Limited .....................
Mecen Solar Vina Co., Ltd ...................................
Nexuns Vietnam Company Limited ......................
Trina Solar Energy Development Company Ltd ..
Vietnergy Co., Ltd. and Tainergy Tech Co., Ltd.
(collectively, Vietnergy).
Vietnam Sunergy Joint Stock Company (f.k.a.
Vietnam Sunergy Company Limited).
54.46
54.46
54.46
54.46
54.46
54.35
54.35
54.35
54.35
54.35
54.46
54.35
* 271.28
271.28
Vietnam-Wide Entity
ddrumheller on DSK120RN23PROD with NOTICES1
* This rate is based on facts available with adverse inferences.
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) for the
producer/exporter combinations listed
in the table above, the cash deposit rate
is equal to the estimated weightedaverage dumping margin listed for that
combination in the table; (2) for all
combinations of Vietnam producers/
exporters of merchandise under
consideration that have not established
eligibility for their own separate rates,
the cash deposit rate will be equal to the
estimated weighted-average dumping
margin established for the Vietnamwide entity; and (3) for all third-county
exporters of merchandise under
consideration not listed in the table
above, the cash deposit rate is the cash
deposit rate applicable to the Vietnam
producer/exporter combination
(Vietnam-wide entity) that supplied that
third-country exporter.
Should the final estimated weightedaverage dumping margin be zero or de
10 We preliminarily find that JA Solar and JA
Solar PV Vietnam Company Limited (JAPV) are
affiliated and should be treated as a single entity
pursuant to 19 CFR 351.401(f)(1) for the purposes
of this preliminary determination. See Preliminary
Decision Memorandum at Section IV. ‘‘Single Entity
Analysis’’ for further discussion of the preliminary
collapsing determination.
VerDate Sep<11>2014
17:36 Dec 03, 2024
Jkt 265001
minimis for the producer/exporter
combinations identified above, entries
of merchandise from these producer/
exporter combinations will be excluded
from the order. Such exclusion(s) will
not be applicable to merchandise
exported to the United States by any
other producer/exporter combinations
or by third-country exporters that
sourced from the excluded producer/
exporter combinations.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of:
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered; or (b) the
date on which notice of initiation of the
investigation was published. Commerce
preliminarily finds that critical
circumstances exist for imports of
subject merchandise from the nonselected companies eligible for a
separate rate and the Vietnam-wide
entity. In accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to all
unliquidated entries of merchandise
from the producer/exporter
combinations identified in this
paragraph that were entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice.
To determine the cash deposit rate,
Commerce normally adjusts the
estimated weighted-average dumping
margin by the amount of domestic
subsidy pass-through and export
subsidies determined in a companion
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
countervailing duty (CVD) proceeding
when CVD provisional measures are in
effect. Accordingly, where Commerce
has made a preliminary affirmative
determination for domestic subsidy
pass-through or export subsidies,
Commerce has offset the calculated
estimated weighted-average dumping
margin by the appropriate rate(s). Any
such adjusted rates may be found in the
‘‘Preliminary Determination’’ section’s
chart of estimated weighted-average
dumping margins 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 cash deposits at a rate equal
to the estimated weighted-average
dumping margins calculated in this
preliminary determination unadjusted
for the passed-through domestic
subsidies or for export subsidies at the
time the CVD provisional measures
expire.
These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement or, if
there is no public announcement,
within five days of the date of
publication of this notice in accordance
with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e),
Commerce will analyze and, if
appropriate, correct any timely
allegations of significant ministerial
errors by amending the preliminary
determination. However, consistent
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
with 19 CFR 351.224(d), Commerce will
not consider incomplete allegations that
do not address the significance standard
under 19 CFR 351.224(g) following the
preliminary determination. Instead,
Commerce will address such allegations
in the final determination together with
issues raised in the case briefs or other
written comments.
Verification
As provided in section 782(i)(1) of the
Act, Commerce intends to verify
information relied upon in making its
final determination.
ddrumheller on DSK120RN23PROD with NOTICES1
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 LFTV and
CVD investigations of solar cells from
Cambodia, Malaysia, 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 seven days after the date on which
the last final verification report is issued
in this investigation. Rebuttal briefs,
limited to issues raised in the case
briefs, may be filed not later than five
days after the date for filing case
briefs.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 brief that
should be limited to five pages total,
including footnotes. In this
investigation, we instead request that
interested parties provide at the
beginning of their briefs a public,
executive summary for each issue raised
in their briefs.13 Further, we request that
interested parties limit their executive
summary of each issue to no more than
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 19 351.309(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.
VerDate Sep<11>2014
17:36 Dec 03, 2024
Jkt 265001
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
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 5 and 8, 2024, pursuant
to 19 CFR 351.210(e), JA Solar and
Jinko, respectively, 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
14 See
APO and Service Final Rule.
JA Solar’s Letter, ‘‘Postponement of Final
Determination and Extension of Provisional
Measures Period,’’ dated November 5, 2024; and,
96221
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 exporters
account 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
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 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
15 See
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
Jinko’s Letter, ‘‘Jinko’s Request for Postponement of
Final Determination,’’ dated November 8, 2024.
E:\FR\FM\04DEN1.SGM
04DEN1
ddrumheller on DSK120RN23PROD with NOTICES1
96222
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
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 this
investigation are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm2
in surface area, that are permanently
integrated into a consumer good whose
function is other than power generation and
that consumes the electricity generated by
the integrated crystalline silicon photovoltaic
cell. Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of this
exclusion shall be the total combined surface
area of all cells that are integrated into the
consumer good.
Additionally, excluded from the scope of
the investigation are panels with surface area
from 3,450 mm2 to 33,782 mm2 with one
black wire and one red wire (each of type 22
AWG or 24 AWG not more than 206 mm in
length when measured from panel extrusion),
and not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
exclusion, no panel shall contain an internal
battery or external computer peripheral ports.
Also excluded from the scope of the
investigation are:
1. Off grid CSPV panels in rigid form with
a glass cover, with the following
characteristics: (A) a total power output of
100 watts or less per panel; (B) a maximum
surface area of 8,000 cm2 per panel; (C) do
not include a built-in inverter; (D) must
include a permanently connected wire that
terminates in either an 8 mm male barrel
connector, or a two-port rectangular
connector with two pins in square housings
of different colors; (E) must include visible
parallel grid collector metallic wire lines
every 1–4 millimeters across each solar cell;
and (F) must be in individual retail
packaging (for purposes of this provision,
retail packaging typically includes graphics,
the product name, its description and/or
features, and foam for transport); and
2. Off grid CSPV panels without a glass
cover, with the following characteristics: (A)
a total power output of 100 watts or less per
panel; (B) a maximum surface area of 8,000
cm2 per panel; (C) do not include a built-in
inverter; (D) must include visible parallel
grid collector metallic wire lines every 1–4
millimeters across each solar cell; and (E)
each panel is (1) permanently integrated into
a consumer good; (2) encased in a laminated
material without stitching, or (3) has all of
the following characteristics: (i) the panel is
encased in sewn fabric with visible stitching,
(ii) includes a mesh zippered storage pocket,
and (iii) includes a permanently attached
wire that terminates in a female USB–A
connector.
In addition, the following CSPV panels are
excluded from the scope of the investigation:
off-grid CSPV panels in rigid form with a
glass cover, with each of the following
VerDate Sep<11>2014
17:36 Dec 03, 2024
Jkt 265001
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
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
investigation 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
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
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
investigation 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. 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 investigation 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 this
investigation are off-grid CSPV panels in
E:\FR\FM\04DEN1.SGM
04DEN1
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
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.
Additionally excluded from the scope of
the investigation are off-grid greenhouse
shade tracking systems with between 3 and
30 flexible CSPV panels, each permanently
affixed to an outer aluminum frame, with (A)
no glass cover, (B) no back sheet, (C) no builtin inverter, (D) power output of 220 watts or
less per panel, (E) surface area of 10,000 cm
squared or less per panel, (F) two clear
plastic trusses per panel permanently
attached running lengthwise on the same
side as the junction boxes, (G) visible parallel
grid collector metallic wire lines every 1–4
mm per each cell on same side as junction
box, (H) two rectangular plastic junction
boxes per panel with at least 16 diodes per
panel, and (I) encased in an aluminum frame
and laminated without stitching.
Modules, laminates, and panels produced
in a third-country from cells produced in a
subject country are covered by the
investigation; however, modules, laminates,
and panels produced in a subject country
from cells produced in a third-country are
not covered by the investigation.
Also excluded from the scope of this
investigation are all products covered by the
scope of the antidumping and countervailing
duty orders on Crystalline Silicon
Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People’s
Republic of China: Amended Final
Determination of Sales at Less Than Fair
Value, and Antidumping Duty Order, 77 FR
73018 (December 7, 2012); and Crystalline
Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People’s
Republic of China: Countervailing Duty
Order, 77 FR 73017 (December 7, 2012).
Merchandise covered by the investigation
is currently classified in the Harmonized
Tariff System of the United States (HTSUS)
under subheadings 8541.42.0010 and
8541.43.0010. Imports of the subject
merchandise may enter under HTSUS
subheadings 8501.71.0000, 8501.72.1000,
8501.72.2000, 8501.72.3000, 8501.72.9000,
8501.80.1000, 8501.80.2000, 8501.80.3000,
8501.80.9000, 8507.20.8010, 8507.20.8031,
8507.20.8041, 8507.20.8061, and
8507.20.8091. These HTSUS subheadings are
provided for convenience and customs
purposes; the written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Single-Entity Analysis
VerDate Sep<11>2014
17:36 Dec 03, 2024
Jkt 265001
V. Discussion of the Methodology
VI. Currency Conversion
VII. Preliminary Affirmative Determination of
Critical Circumstances, In Part
VIII. Adjustment Under Section 777(A)(f) of
the Act
IX. Adjustment To Cash Deposit Rate For
Export Subsidies
X. Recommendation
[FR Doc. 2024–28403 Filed 12–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–168]
Certain Alkyl Phosphate Esters From
the People’s Republic of China:
Preliminary Affirmative 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 certain alkyl phosphate
esters (alkyl phosphate esters) from the
People’s Republic of China (China) are
being, or are likely to be, sold in the
United States at less than fair value
(LTFV). The period of investigation
(POI) is October 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:
Robert Palmer or Dennis McClure, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–9068 or
(202) 482–5973, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this investigation
on May 20, 2024.1 On August 8, 2024,
Commerce tolled certain deadlines in
this investigation by seven days.2 On
September 17, 2024, Commerce
1 See Certain Alkyl Phosphate Esters from the
People’s Republic of China: Initiation of Less-ThanFair-Value Investigation, 89 FR 43801 (May 20,
2024) (Initiation Notice).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
96223
postponed the preliminary
determination of this investigation and
the revised deadline is now November
26, 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 product covered by this
investigation is alkyl phosphate esters
from China. For a complete description
of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,5 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).6 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice.7 Commerce is not
preliminarily modifying the scope
language as it appeared in the Initiation
Notice. See the scope in Appendix I to
this notice.
Methodology
Commerce is conducting this
investigation in accordance with section
3 See Certain Alkyl Phosphate Esters from the
People’s Republic of China: Postponement of
Preliminary Determinations of Less-Than-FairValue Investigations, 89 FR 76087 (September 17,
2024).
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination in the
Less-Than-Fair-Value Investigation of Certain Alkyl
Phosphate Esters from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
6 See Initiation Notice.
7 See Shanghai Yongxiangshun International
Trade Co., Ltd.’s Letter, ‘‘Scope of Order
Comments,’’ dated May 30, 2024. Although
Shanghai Yongxiangshun International Trade Co.,
Ltd. (Shanghai Yongxiangshun) submitted a letter
entitled, ‘‘Scope Order Comments,’’ the letter did
not include comments opposing the scope as
published in the Initiation Notice.
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96219-96223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28403]
[[Page 96219]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-841]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules From the Socialist Republic of Vietnam: Preliminary
Affirmative Determination of Sales at Less Than Fair Value, Preliminary
Affirmative Determination of Critical Circumstances, in Part, and
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 the Socialist Republic of
Vietnam (Vietnam) are being, or are likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is October 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: Laurel LaCivita or Deborah Cohen, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4243 or (202)
482-4521, 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 the Socialist Republic of Vietnam,'' 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
Vietnam. For a complete description of the scope of this investigation,
see Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\5\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope).\6\ Certain interested
parties commented on the scope of the investigation as it appeared in
the Initiation Notice. For a summary of the 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 Memoranda.\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. Commerce has calculated constructed export
prices in accordance with section 772(b) of the Act. Because Vietnam is
a non-market economy, within the meaning of section 771(18) of the Act,
Commerce has calculated normal value in accordance with section 773(c)
of the Act. Furthermore, pursuant to sections 776(a) and (b) of the
Act, Commerce preliminarily relied upon facts otherwise available, with
adverse inferences, for the Vietnam-wide entity. For a full description
of the methodology underlying Commerce's preliminary determination, see
the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily determines that critical circumstances exist
with respect to imports of solar cells from Vietnam for the non-
selected companies eligible for a separate rate and the Vietnam-wide
entity, but that critical circumstances do not exist for mandatory
respondents JA Solar Vietnam Co. Ltd (JA Solar) and Jinko Solar
(Vietnam) Industries Company Limited (Jinko Vietnam). For a full
description of the methodology and results of Commerce's analysis, see
the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice,\8\ Commerce stated that it would
calculate producer/exporter combination rates for the respondents that
are eligible for a separate rate in this investigation. Policy Bulletin
05.1 describes this practice.\9\
---------------------------------------------------------------------------
\8\ See Initiation Notice, 89 FR 43814.
\9\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
Commerce's website at https://enforcement.trade.gov/policy/bull05-1.pdf.
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 96220]]
----------------------------------------------------------------------------------------------------------------
Cash deposit rate
Estimated weighted- (adjusted for
Producer Exporter average dumping subsidy offsets)
margin (percent) (percent)
----------------------------------------------------------------------------------------------------------------
JA Solar Vietnam Co. Ltd./JA Solar PV JA Solar Vietnam Co. Ltd....... 53.30 53.19
\10\.
Jinko Solar (Vietnam) Industries Jinko Solar (Vietnam) 56.51 56.40
Company Limited. Industries Company Limited.
Blue Moon Vina Co...................... Blue Moon Vina Co.............. 54.46 54.35
Boviet Solar Technology Co., Ltd....... Boviet Solar Technology Co., 54.46 54.46
Ltd.
Elite Solar Technology (Vietnam) Elite SNG...................... 54.46 54.35
Company Limited.
Letsolar Vietnam Company Limited....... Letsolar Vietnam Company 54.46 54.35
Limited.
Mecen Solar Vina Co., Ltd.............. Mecen Solar Vina Co., Ltd...... 54.46 54.35
Nexuns Vietnam Company Limited......... Nexuns Vietnam Company Limited. 54.46 54.35
Trina Solar Energy Development Company Trina Solar Energy Development 54.46 54.35
Ltd. Company Ltd.
Vietnergy Co., Ltd. and Tainergy Tech Vietnergy Co., Ltd. and 54.46 54.35
Co., Ltd. (collectively, Vietnergy). Tainergy Tech Co., Ltd.
(collectively, Vietnergy).
Vietnam Sunergy Joint Stock Company Vietnam Sunergy Joint Stock 54.46 54.35
(f.k.a. Vietnam Sunergy Company Company (f.k.a. Vietnam
Limited). Sunergy Company Limited).
----------------------------------------------------------------------------------------------------------------
Vietnam-Wide Entity * 271.28 271.28
----------------------------------------------------------------------------------------------------------------
* This rate is based on facts available with adverse inferences.
Suspension of Liquidation
---------------------------------------------------------------------------
\10\ We preliminarily find that JA Solar and JA Solar PV Vietnam
Company Limited (JAPV) are affiliated and should be treated as a
single entity pursuant to 19 CFR 351.401(f)(1) for the purposes of
this preliminary determination. See Preliminary Decision Memorandum
at Section IV. ``Single Entity Analysis'' for further discussion of
the preliminary collapsing determination.
---------------------------------------------------------------------------
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) for the producer/exporter combinations listed in the table above,
the cash deposit rate is equal to the estimated weighted-average
dumping margin listed for that combination in the table; (2) for all
combinations of Vietnam producers/exporters of merchandise under
consideration that have not established eligibility for their own
separate rates, the cash deposit rate will be equal to the estimated
weighted-average dumping margin established for the Vietnam-wide
entity; and (3) for all third-county exporters of merchandise under
consideration not listed in the table above, the cash deposit rate is
the cash deposit rate applicable to the Vietnam producer/exporter
combination (Vietnam-wide entity) that supplied that third-country
exporter.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combinations identified above,
entries of merchandise from these producer/exporter combinations will
be excluded from the order. Such exclusion(s) will not be applicable to
merchandise exported to the United States by any other producer/
exporter combinations or by third-country exporters that sourced from
the excluded producer/exporter combinations.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of: (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered; or (b) the date on which notice of
initiation of the investigation was published. Commerce preliminarily
finds that critical circumstances exist for imports of subject
merchandise from the non-selected companies eligible for a separate
rate and the Vietnam-wide entity. In accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to
all unliquidated entries of merchandise from the producer/exporter
combinations identified in this paragraph that were entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of this notice.
To determine the cash deposit rate, Commerce normally adjusts the
estimated weighted-average dumping margin by the amount of domestic
subsidy pass-through and export subsidies determined in a companion
countervailing duty (CVD) proceeding when CVD provisional measures are
in effect. Accordingly, where Commerce has made a preliminary
affirmative determination for domestic subsidy pass-through or export
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). Any such adjusted
rates may be found in the ``Preliminary Determination'' section's chart
of estimated weighted-average dumping margins 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 cash
deposits at a rate equal to the estimated weighted-average dumping
margins calculated in this preliminary determination unadjusted for the
passed-through domestic subsidies or for export subsidies at the time
the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect
until further notice.
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in connection with this preliminary determination within five
days of its public announcement or, if there is no public announcement,
within five days of the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Consistent with 19 CFR 351.224(e), Commerce will analyze and, if
appropriate, correct any timely allegations of significant ministerial
errors by amending the preliminary determination. However, consistent
[[Page 96221]]
with 19 CFR 351.224(d), Commerce will not consider incomplete
allegations that do not address the significance standard under 19 CFR
351.224(g) following the preliminary determination. Instead, Commerce
will address such allegations in the final determination together with
issues raised in the case briefs or other written comments.
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify information relied upon in making its final determination.
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 LFTV and CVD investigations of solar
cells from Cambodia, Malaysia, 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 seven days after the date on which the last
final verification report is issued in this investigation. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than five days after the date for filing case briefs.\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 19 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\13\
Further, we request that interested parties limit their 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 5 and 8, 2024, pursuant to 19 CFR 351.210(e), JA Solar
and Jinko, respectively, 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 exporters account 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 JA Solar's Letter, ``Postponement of Final
Determination and Extension of Provisional Measures Period,'' dated
November 5, 2024; and, Jinko's Letter, ``Jinko's Request for
Postponement of Final Determination,'' dated November 8, 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 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 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
[[Page 96222]]
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 this 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.
Further excluded from the scope of the investigation 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 investigation 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. 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 investigation 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 this investigation are off-grid
CSPV panels in
[[Page 96223]]
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.
Additionally excluded from the scope of the investigation are
off-grid greenhouse shade tracking systems with between 3 and 30
flexible CSPV panels, each permanently affixed to an outer aluminum
frame, with (A) no glass cover, (B) no back sheet, (C) no built-in
inverter, (D) power output of 220 watts or less per panel, (E)
surface area of 10,000 cm squared or less per panel, (F) two clear
plastic trusses per panel permanently attached running lengthwise on
the same side as the junction boxes, (G) visible parallel grid
collector metallic wire lines every 1-4 mm per each cell on same
side as junction box, (H) two rectangular plastic junction boxes per
panel with at least 16 diodes per panel, and (I) encased in an
aluminum frame and laminated without stitching.
Modules, laminates, and panels produced in a third-country from
cells produced in a subject country are covered by the
investigation; however, modules, laminates, and panels produced in a
subject country from cells produced in a third-country are not
covered by the investigation.
Also excluded from the scope of this investigation are all
products covered by the scope of the antidumping and countervailing
duty orders on Crystalline Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the People's Republic of China:
Amended Final Determination of Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018 (December 7, 2012); and
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from the People's Republic of China: Countervailing
Duty Order, 77 FR 73017 (December 7, 2012).
Merchandise covered by the investigation is currently classified
in the Harmonized Tariff System of the United States (HTSUS) under
subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject
merchandise may enter under HTSUS subheadings 8501.71.0000,
8501.72.1000, 8501.72.2000, 8501.72.3000, 8501.72.9000,
8501.80.1000, 8501.80.2000, 8501.80.3000, 8501.80.9000,
8507.20.8010, 8507.20.8031, 8507.20.8041, 8507.20.8061, and
8507.20.8091. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Single-Entity Analysis
V. Discussion of the Methodology
VI. Currency Conversion
VII. Preliminary Affirmative Determination of Critical
Circumstances, In Part
VIII. Adjustment Under Section 777(A)(f) of the Act
IX. Adjustment To Cash Deposit Rate For Export Subsidies
X. Recommendation
[FR Doc. 2024-28403 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
