Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Thailand: Preliminary Affirmative Determination of Sales at Less-Than-Fair-Value, Affirmative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures, 96214-96218 [2024-28404]
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96214
Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
investigation on fresh tomatoes from
Mexico, pursuant to section 751(c) of
the Tariff Act of 1930, as amended (the
Act).1 Commerce received notices of
intent to participate in this sunset
review from the Florida Tomato
Exchange (FTE) on August 15, 2024, and
from NS Brands, Ltd. and NatureSweet
Invernaderos S. de R.L. de C.V./
NatureSweet Comercializadora, S. de
R.L. de C.V. (collectively, NatureSweet)
on August 16, 2024, within the
applicable deadline specified in section
351.218(d)(1)(i) of Commerce’s
regulations.
Commerce received an adequate
substantive response from FTE within
the 30-day deadline specified in
Commerce’s regulations under section
351.218(d)(3)(i). In its submission, FTE
claimed interested party status under
section 771(9)(E) of the Act as a trade or
business association a majority of whose
members manufacture, produce, or
wholesale a domestic like product in the
United States. NatureSweet also filed a
response in which it claimed interested
party status under sections 771(9)(C)
and 771(9)(A) of the Act, i.e., both as a
domestic and foreign producer of
subject merchandise, respectively;
however, the response did not meet the
requirements of 19 CFR
351.218(d)(3)(iii) and 351.218(e)(1)(ii).
Thus, Commerce did not receive an
adequate substantive response from any
respondent interested party. As a result,
Commerce conducted an expedited
(120-day) sunset review, in accordance
with 19 CFR 351.218(e)(1)(ii)(C)(2).
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Scope of the Suspension Agreement 2
The merchandise subject to the
suspension agreement is all fresh or
chilled tomatoes (fresh tomatoes) which
have Mexico as their origin, except for
those tomatoes which are for processing.
For purposes of this suspension
agreement, processing is defined to
include preserving by any commercial
process, such as canning, dehydrating,
drying, or the addition of chemical
substances, or converting the tomato
product into juices, sauces, or purees. In
Appendix F of this 2019 Agreement,
Commerce has outlined the procedure
that Signatories must follow for selling
subject merchandise for processing.
Fresh tomatoes that are imported for
cutting up, not further processing (e.g.,
tomatoes used in the preparation of
fresh salsa or salad bars), are covered by
this suspension agreement.
1 See
Initiation of Five-Year (Sunset) Reviews, 89
FR 62717 (August 1, 2024).
2 See Fresh Tomatoes From Mexico: Suspension
of Antidumping Duty Investigation, 84 FR 49987
(September 24, 2019) (2019 Agreement).
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Commercially grown tomatoes, both
for the fresh market and for processing,
are classified as Lycopersicon
esculentum. Important commercial
varieties of fresh tomatoes include
common round, cherry, grape, plum,
greenhouse, and pear tomatoes, all of
which are covered by this suspension
agreement. Tomatoes imported from
Mexico covered by this suspension
agreement are classified under the
following subheading of the
Harmonized Tariff Schedules of the
United States (HTSUS), according to the
season of importation: 0702. Although
this HTSUS number is provided for
convenience and customs purposes, the
written description of the scope of this
Agreement is dispositive.
A full description of the scope of the
2019 Agreement is also contained in the
Issues and Decision Memorandum.3
Analysis of Comments Received
All issues raised in this sunset review,
including the likelihood of continuation
or recurrence of dumping and the
magnitude of the margin of dumping
likely to prevail if the 2019 Agreement
is terminated, are addressed in the
Issues and Decision Memorandum. A
list of topics included in the Issues and
Decision Memorandum is included in
the appendix to this notice. The Issues
and 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. A list of topics
discussed in the Issues and Decision
Memorandum is included as an
appendix to this notice. A complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Review
Pursuant to section 752(c) of the Act,
we determine that the termination of the
2019 Agreement would likely lead to
continuation or recurrence of dumping
at weighted-average margins up to 30.48
percent.
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction of proprietary
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Fifth Sunset Review of the Suspended Investigation
of Fresh Tomatoes from Mexico,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.218(e)(1)(ii)(C)(2) and
351.221(c)(5)(ii).
Dated: November 27, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Suspension Agreement
IV. History of the Proceeding
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margin Likely To
Prevail
VII. Recommendation
[FR Doc. 2024–28396 Filed 12–3–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–851]
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled Into
Modules, From Thailand: Preliminary
Affirmative Determination of Sales at
Less-Than-Fair-Value, Affirmative
Determination of Critical
Circumstances, 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 Thailand are being, or are likely to
be, sold in the United States at lessthan-fair-value (LTFV). The period of
investigation (POI) is April 1, 2023,
through March 31, 2024. Interested
AGENCY:
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parties are invited to comment on this
preliminary determination.
DATES:
Applicable December 4, 2024.
FOR FURTHER INFORMATION CONTACT:
Drew Jackson, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4406.
SUPPLEMENTARY INFORMATION:
Background
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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
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 Thailand,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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96215
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Preliminary Affirmative Determination
of Critical Circumstances
Scope of the Investigation
In accordance with section 733(e) of
the Act and 19 CFR 351.206, Commerce
preliminarily finds that critical
circumstances exist for Trina Solar
Science & Technology (Thailand) Ltd.
(TTL). Commerce also preliminarily
finds that critical circumstances exist
for all other exporters and producers of
the subject merchandise as well as for
Sunshine Electrical Energy and Taihua
New Energy (Thailand) Co. Ltd. For a
full description of the methodology and
results of Commerce’s critical
circumstances analysis, see the
Preliminary Decision Memorandum and
Preliminary Analysis of Critical
Circumstances.
The products covered by this
investigation are solar cells from
Thailand. 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 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. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value is calculated in
accordance with section 773 of the Act.
In addition, pursuant to sections 776(a)
and (b) of the Act, Commerce
preliminarily relied upon facts
otherwise available with adverse
inferences for certain companies. For a
full description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
5 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
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).
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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 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 and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act.
In this investigation, Commerce
calculated an individual estimated
weighted-average dumping margin for
TTL, the only individually examined
exporter/producer in this investigation.
Because the only individually
calculated dumping margin is not zero,
de minimis, or based entirely on facts
otherwise available, the estimated
weighted-average dumping margin
calculated for TTL is the margin
assigned to all other producers and
exporters, pursuant to section
735(c)(5)(A) of the Act. For this
preliminary determination, Commerce
has determined the rates for Sunshine
Electrical Energy and New Energy
(Thailand) Co. Ltd. entirely under facts
available with an adverse inference.8
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margins exist:
8 See Preliminary Decision Memorandum at
‘‘Application of Facts Available and Use of Adverse
Inferences.’’
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Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
Weighted-average
dumping margin
(percent)
Exporter/producer
Trina Solar Science & Technology (Thailand) Ltd ....................................................................................
Sunshine Electrical Energy ........................................................................................................................
Taihua New Energy (Thailand) Co. Ltd .....................................................................................................
All Others ...................................................................................................................................................
77.85
* 154.68
* 154.68
77.85
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
N/A
N/A
N/A
9 57.66
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* Rates 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, as
discussed below. 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 or the estimated allothers rate, as follows: (1) The cash
deposit rate for the respondents listed
above will be equal to the companyspecific estimated weighted-average
dumping margins 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 weightedaverage 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 all-others
estimated weighted-average dumping
margin.9
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 subject
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
produced or exported by TTL, firms
subject to the all others rate, Sunshine
Electrical Energy, and Taihua New
Energy (Thailand) Co. Ltd. In
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
shipments of subject merchandise from
the producer(s) or exporter(s) identified
9 Id.
at 25.
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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.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. 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
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
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this 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 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
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
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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 the
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 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 seven days after the date on which
the last verification report is issued in
this investigation.10 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,
10 See 19 CFR 351.309(c)(1)(i); see also 19 CFR
351.303 (for general filing requirements).
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).
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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
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 15, 2024, pursuant to
19 CFR 351.210(e), TTL requested that
Commerce postpone the final
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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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
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
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.
15 See TTL’s Letter, ‘‘Request to Extend the
Deadline for the Final Determination,’’ dated
November 15, 2024.
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96217
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
investigation are thin film photovoltaic
products produced from amorphous silicon
(a-Si), cadmium telluride (CdTe), or copper
indium gallium selenide (CIGS).
Also excluded from the scope of the
investigation are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm2
in surface area, that are permanently
integrated into a consumer good whose
function is other than power generation and
that consumes the electricity generated by
the integrated crystalline silicon photovoltaic
cell. Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of this
exclusion shall be the total combined surface
area of all cells that are integrated into the
consumer good.
Additionally, excluded from the scope of
the investigation are panels with surface area
from 3,450 mm2 to 33,782 mm2 with one
black wire and one red wire (each of type 22
AWG or 24 AWG not more than 206 mm in
length when measured from panel extrusion),
and not exceeding 2.9 volts, 1.1 amps, and
3.19 watts. For the purposes of this
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.
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Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Notices
In addition, the following CSPV panels are
excluded from the scope of the investigation:
off-grid CSPV panels in rigid form with a
glass cover, with each of the following
physical characteristics, whether or not
assembled into a fully completed off-grid
hydropanel whose function is conversion of
water vapor into liquid water: (A) a total
power output of no more than 80 watts per
panel; (B) a surface area of less than 5,000
square centimeters (cm2) per panel; (C) do
not include a built-in inverter; (D) do not
have a frame around the edges of the panel;
(E) include a clear glass back panel; and (F)
must include a permanently connected wire
that terminates in a two-sport 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 two-port 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
VerDate Sep<11>2014
17:36 Dec 03, 2024
Jkt 265001
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
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
22 AWG 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.
PO 00000
Frm 00014
Fmt 4703
Sfmt 9990
Also excluded from the scope of this
investigation 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 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 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 and Use of
Adverse Inferences
V. Discussion of the Methodology
VI. Preliminary Affirmative Determination of
Critical Circumstances
VII. Particular Market Situation
VIII. Currency Conversion
IX. Adjustments to Cash Deposit Rates for
Export Subsidies in the Companion
Countervailing Duty Investigation
X. Recommendation
[FR Doc. 2024–28404 Filed 12–3–24; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\04DEN1.SGM
04DEN1
]]>Agencies
[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96214-96218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28404]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-851]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Thailand: Preliminary Affirmative Determination of
Sales at Less-Than-Fair-Value, Affirmative Determination of Critical
Circumstances, 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 Thailand 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
[[Page 96215]]
parties are invited to comment on this preliminary determination.
DATES: Applicable December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4406.
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\
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\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).
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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.
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\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 Thailand,'' 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
Thailand. 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.
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\5\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\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. Constructed export prices have been calculated
in accordance with section 772(b) of the Act. Normal value is
calculated in accordance with section 773 of the Act. In addition,
pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily
relied upon facts otherwise available with adverse inferences for
certain companies. For a full description of the methodology underlying
the preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances exist for
Trina Solar Science & Technology (Thailand) Ltd. (TTL). Commerce also
preliminarily finds that critical circumstances exist for all other
exporters and producers of the subject merchandise as well as for
Sunshine Electrical Energy and Taihua New Energy (Thailand) Co. Ltd.
For a full description of the methodology and results of Commerce's
critical circumstances analysis, see the Preliminary Decision
Memorandum and Preliminary Analysis of Critical Circumstances.
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
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 and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for TTL, the only individually examined
exporter/producer in this investigation. Because the only individually
calculated dumping margin is not zero, de minimis, or based entirely on
facts otherwise available, the estimated weighted-average dumping
margin calculated for TTL is the margin assigned to all other producers
and exporters, pursuant to section 735(c)(5)(A) of the Act. For this
preliminary determination, Commerce has determined the rates for
Sunshine Electrical Energy and New Energy (Thailand) Co. Ltd. entirely
under facts available with an adverse inference.\8\
---------------------------------------------------------------------------
\8\ See Preliminary Decision Memorandum at ``Application of
Facts Available and Use of Adverse Inferences.''
---------------------------------------------------------------------------
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
[[Page 96216]]
------------------------------------------------------------------------
Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy offset(s))
(percent) (percent)
------------------------------------------------------------------------
Trina Solar Science & Technology 77.85 N/A
(Thailand) Ltd..................
Sunshine Electrical Energy....... * 154.68 N/A
Taihua New Energy (Thailand) Co. * 154.68 N/A
Ltd.............................
All Others....................... 77.85 \9\ 57.66
------------------------------------------------------------------------
* Rates 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, as discussed below.
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 or the estimated all-
others rate, as follows: (1) The cash deposit rate for the respondents
listed above will be equal to the company-specific estimated weighted-
average dumping margins 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 all-others
estimated weighted-average dumping margin.\9\
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\9\ Id. at 25.
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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 subject 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 produced or exported by TTL, firms subject to the all
others rate, Sunshine Electrical Energy, and Taihua New Energy
(Thailand) Co. Ltd. In accordance with section 733(e)(2)(A) of the Act,
the suspension of liquidation shall apply to unliquidated entries of
shipments of subject merchandise from the producer(s) or exporter(s)
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.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. 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 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
Commerce intends to disclose its calculations and analysis
performed to interested parties in this 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 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
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 the 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 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 seven days after the date on which the last
verification report is issued in this investigation.\10\ 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\
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\10\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for
general filing requirements).
\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 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,
[[Page 96217]]
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 15, 2024, pursuant to 19 CFR 351.210(e), TTL 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 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.
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\15\ See TTL's Letter, ``Request to Extend the Deadline for the
Final Determination,'' dated November 15, 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 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 investigation are thin film
photovoltaic products produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the investigation are
crystalline silicon photovoltaic cells, not exceeding 10,000 mm\2\
in surface area, that are permanently integrated into a consumer
good whose function is other than power generation and that consumes
the electricity generated by the integrated crystalline silicon
photovoltaic cell. Where more than one cell is permanently
integrated into a consumer good, the surface area for purposes of
this exclusion shall be the total combined surface area of all cells
that are integrated into the consumer good.
Additionally, excluded from the scope of the investigation are
panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one
black wire and one red wire (each of type 22 AWG or 24 AWG not more
than 206 mm in length when measured from panel extrusion), and not
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of
this exclusion, no panel shall contain an internal battery or
external computer peripheral ports.
Also excluded from the scope of the investigation are:
1. Off grid CSPV panels in rigid form with a glass cover, with
the following characteristics: (A) a total power output of 100 watts
or less per panel; (B) a maximum surface area of 8,000 cm\2\ per
panel; (C) do not include a built-in inverter; (D) must include a
permanently connected wire that terminates in either an 8 mm male
barrel connector, or a two-port rectangular connector with two pins
in square housings of different colors; (E) must include visible
parallel grid collector metallic wire lines every 1-4 millimeters
across each solar cell; and (F) must be in individual retail
packaging (for purposes of this provision, retail packaging
typically includes graphics, the product name, its description and/
or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the
following characteristics: (A) a total power output of 100 watts or
less per panel; (B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter; (D) must include visible
parallel grid collector metallic wire lines every 1-4 millimeters
across each solar cell; and (E) each panel is (1) permanently
integrated into a consumer good; (2) encased in a laminated material
without stitching, or (3) has all of the following characteristics:
(i) the panel is encased in sewn fabric with visible stitching, (ii)
includes a mesh zippered storage pocket, and (iii) includes a
permanently attached wire that terminates in a female USB-A
connector.
[[Page 96218]]
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 two-
sport 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 two-port 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 22 AWG 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 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 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
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 and Use of Adverse Inferences
V. Discussion of the Methodology
VI. Preliminary Affirmative Determination of Critical Circumstances
VII. Particular Market Situation
VIII. Currency Conversion
IX. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
X. Recommendation
[FR Doc. 2024-28404 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P
