Crystalline Silicon Photovoltaic Products (Solar Panels) From Cambodia, Malaysia, Thailand, and Vietnam; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations, 1191-1194 [2025-00001]
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Federal Register / Vol. 90, No. 4 / Tuesday, January 7, 2025 / Notices
announced in the Federal Register upon
completion of these assessments.
Mark A. Foust,
Regional Director, Interior Region 2—South
Atlantic-Gulf.
[FR Doc. 2025–00114 Filed 1–6–25; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–722–725 and
731–TA–1690–1693 (Final)]
Crystalline Silicon Photovoltaic
Products (Solar Panels) From
Cambodia, Malaysia, Thailand, and
Vietnam; Scheduling of the Final
Phase of Countervailing Duty and
Antidumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–722–725 and 731–TA–1690–
1693 (Final) pursuant to the Tariff Act
of 1930 (‘‘the Act’’) to determine
whether an industry in the United
States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of crystalline silicon
photovoltaic products (solar panels)
from Cambodia, Malaysia, Thailand,
and Vietnam, provided for in statistical
reporting numbers 8541.42.0010 and
8541.43.0010 of the Harmonized Tariff
Schedule of the United States.
Crystalline silicon photovoltaic cells,
whether or not assemabled into
modules, may also be imported under
subheadings 8501.71, 8501.72, and
8501.80 and statistical reporting number
8507.20.8010, preliminarily determined
by the Department of Commerce
(‘‘Commerce’’) to be subsidized and sold
at less-than-fair-value.
DATES: December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Julie
Duffy ((202) 708–2579), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
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Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as ‘‘The
merchandise covered by these
investigations is crystalline silicon
photovoltaic cells, and modules,
laminates, and panels, consisting of
crystalline silicon photovoltaic cells,
whether or not partially or fully
assembled into other products,
including, but not limited to, modules,
laminates, panels and building
integrated materials.
These investigations cover crystalline
silicon photovoltaic cells of thickness
equal to or greater than 20 micrometers,
having a p/n junction formed by any
means, whether or not the cell has
undergone other processing, including,
but not limited to, cleaning, etching,
coating, and/or addition of materials
(including, but not limited to,
metallization and conductor patterns) to
collect and forward the electricity that
is generated by the cell.
Merchandise under consideration
may be described at the time of
importation as parts for final finished
products that are assembled after
importation, including, but not limited
to, modules, laminates, panels,
buildingintegrated modules, buildingintegrated panels, or other finished
goods kits. Such parts that otherwise
meet the definition of merchandise
under consideration are included in the
scope of the investigations.
Excluded from the scope of the
investigations are thin film photovoltaic
products produced from amorphous
silicon (a-Si), cadmium telluride (CdTe),
or copper indium gallium selenide
(CIGS). Also excluded from the scope of
the investigations are crystalline silicon
photovoltaic cells, not exceeding 10,000
mm2 in surface area, that are
permanently integrated into a consumer
good whose function is other than
power generation and that consumes the
electricity generated by the integrated
crystalline silicon photovoltaic cell.
Where more than one cell is
permanently integrated into a consumer
good, the surface area for purposes of
this exclusion shall be the total
combined surface area of all cells that
are integrated into the consumer good.
Additionally, excluded from the
scope of the investigations are panels
with surface area from 3,450 mm2 to
33,782 mm2 with one black wire and
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1191
one red wire (each of type 22 AWG or
24 AWG not more than 206 mm in
length when measured from panel
extrusion), and not exceeding 2.9 volts,
1.1 amps, and 3.19 watts. For the
purposes of this exclusion, no panel
shall contain an internal battery or
external computer peripheral ports.
Also excluded from the scope of the
investigations are:
1. Off grid CSPV panels in rigid form
with a glass cover, with the following
characteristics: (A) a total power output
of 100 watts or less per panel; (B) a
maximum surface area of 8,000 cm2 per
panel; (C) do not include a built-in
inverter; (D) must include a
permanently connected wire that
terminates in either an 8 mm male
barrel connector, or a two-port
rectangular connector with two pins in
square housings of different colors; (E)
must include visible parallel grid
collector metallic wire lines every 1–4
millimeters across each solar cell; and
(F) must be in individual retail
packaging (for purposes of this
provision, retail packaging typically
includes graphics, the product name, its
description and/or features, and foam
for transport); and
2. Off grid CSPV panels without a
glass cover, with the following
characteristics: (A) a total power output
of 100 watts or less per panel; (B) a
maximum surface area of 8,000 cm2 per
panel; (C) do not include a built-in
inverter; (D) must include visible
parallel grid collector metallic wire
lines every 1–4 millimeters across each
solar cell; and (E) each panel is (1)
permanently integrated into a consumer
good; (2) encased in a laminated
material without stitching, or (3) has all
of the following characteristics: (i) the
panel is encased in sewn fabric with
visible stitching, (ii) includes a mesh
zippered storage pocket, and (iii)
includes a permanently attached wire
that terminates in a female USB–A
connector.
In addition, the following CSPV
panels are excluded from the scope of
the investigations: off-grid CSPV panels
in rigid form with a glass cover, with
each of the following physical
characteristics, whether or not
assembled into a fully completed offgrid 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
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terminates in a twoport rectangular
connector.
Additionally excluded from the scope
of these investigations are off-grid small
portable crystalline silicon photovoltaic
panels, with or without a glass cover,
with the following characteristics: (1) a
total power output of 200 watts or less
per panel; (2) a maximum surface area
of 16,000 cm2 per panel; (3) no built-in
inverter; (4) an integrated handle or a
handle attached to the package for ease
of carry; (5) one or more integrated
kickstands for easy installation or angle
adjustment; and (6) a wire of not less
than 3 meters either permanently
connected or attached to the package
that terminates in an 8 mm diameter
male barrel connector.
Also excluded from the scope of these
investigations are off-grid crystalline
silicon photovoltaic panels in rigid form
with a glass cover, with each of the
following physical characteristics,
whether or not assembled into a fully
completed off-grid hydropanel whose
function is conversion of water vapor
into liquid water: (A) a total power
output of no more than 180 watts per
panel at 155 degrees Celsius; (B) a
surface area of less than 16,000 square
centimeters (cm2) per panel; (C) include
a keep-out area of approximately 1,200
cm2 around the edges of the panel that
does not contain solar cells; (D) do not
include a built-in inverter; (E) do not
have a frame around the edges of the
panel; (F) include a clear glass back
panel; (G) must include a permanently
connected wire that terminates in a twoport rounded rectangular, sealed
connector; (H) include a thermistor
installed into the permanently
connected wire before the twoport
connector; and (I) include exposed
positive and negative terminals at
opposite ends of the panel, not enclosed
in a junction box.
Further excluded from the scope of
the investigations are:
1. Off grid rigid CSPV panels with a
glass cover, with the following
characteristics: (A) a total power output
of 200 watts or less per panel, (B) a
maximum surface area of 10,500 cm2
per panel, (C) do not include a built-in
inverter, (D) must include a
permanently connected wire that
terminates in waterproof connector with
a cylindrical positive electrode and a
rectangular negative electrode with the
positive and negative electrodes having
an interlocking structure, (E) must
include visible parallel grid collector
metallic wire lines every 1–4
millimeters across each solar cell, and
(F) must be in individual retail
packaging (for purposes of this
provision, retail packaging typically
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includes graphics, the product name, its
description and/or features); and
2. Off-grid small portable crystalline
silicon photovoltaic panels, with or
without a glass cover, with the
following characteristics: (A) a total
power output of 200 watts or less per
panel, (B) a maximum surface area of
16,000 cm2 per panel, (C) no built-in
inverter, (D) an integrated handle or a
handle attached to the package for ease
of carry, (E) one or more integrated
kickstands for easy installation or angle
adjustment, and (F) a wire either
permanently connected or attached to
the package terminates in waterproof
connector with a cylindrical positive
electrode and a rectangular negative
electrode with the positive and negative
electrodes having an interlocking
structure.
Also excluded from the scope of the
investigations are:
1. Off grid rigid CSPV panels with a
glass cover, with the following
characteristics: (A) a total power output
of 200 watts or less per panel, (B) a
maximum surface area of 10,500 cm2
per panel, (C) do not include a built-in
inverter, (D) must include a
permanently connected wire that
terminates in waterproof connector with
a cylindrical positive electrode and a
rectangular negative electrode with the
positive and negative electrodes having
an interlocking structure, (E) must
include visible parallel grid collector
metallic wire lines every 1–4
millimeters across each solar cell, and
(F) must be in individual retail
packaging (for purposes of this
provision, retail packaging typically
includes graphics, the product name, its
description and/or features); and
2. Small off-grid panels with glass
cover, with the following
characteristics: (A) surface area from
3,450 mm2 to 33,782 mm2, (B) with one
black wire and one red wire (each of
type 22AWG or 28 AWG not more than
350 mm in length when measured from
panel extrusion), (C) not exceeding 10
volts, (D) not exceeding 1.1 amps, (E)
not exceeding 6 watts, and (F) for the
purposes of this exclusion, no panel
shall contain an internal battery or
external computer peripheral ports.
Additionally excluded from the scope
of the investigations are:
1. Off grid rigid CSPV panels with a
glass cover, with the following
characteristics: (A) a total power output
of 175 watts or less per panel, (B) a
maximum surface area of 9,000 cm2 per
panel, (C) do not include a built-in
inverter, (D) must include a
permanently connected wire that
terminates in waterproof connector with
a cylindrical positive electrode and a
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rectangular negative electrode with the
positive and negative electrodes having
an interlocking structure; (E) must
include visible parallel grid collector
metallic wire lines every 1–4
millimeters across each solar cell, and
(F) must be in individual retail
packaging (for purposes of this
provision, retail packaging typically
includes graphics, the product name, its
description and/or features); and
2. Off grid CSPV panels without a
glass cover, with the following
characteristics, (A) a total power output
of 220 watts or less per panel, (B) a
maximum surface area of 16,000 cm2
per panel, (C) do not include a built-in
inverter, (D) must include visible
parallel grid collector metallic wire
lines every 1–4 millimeters across each
solar cell, and (E) each panel is encased
in a laminated material without
stitching.
Also excluded from the scope of these
investigations are off-grid CSPV panels
in rigid form, with or without a glass
cover, permanently attached to an
aluminum extrusion that is an integral
component of an automation device that
controls natural light, whether or not
assembled into a fully completed
automation device that controls natural
light, with the following characteristics:
1. a total power output of 20 watts or
less per panel;
2. a maximum surface area of 1,000
cm2 per panel;
3. does not include a built-in inverter
for powering third party devices.
Modules, laminates, and panels
produced in a third-country from cells
produced in a subject country are
covered by the investigations; however,
modules, laminates, and panels
produced in a subject country from cells
produced in a third-country are not
covered by the investigations.
Also excluded from the scope of these
investigations are all products covered
by the scope of the antidumping and
countervailing duty orders on
Crystalline Silicon Photovoltaic Cells,
Whether or Not Assembled into
Modules, from the People’s Republic of
China: Amended Final Determination of
Sales at Less Than Fair Value, and
Antidumping Duty Order, 77 FR 73018
(December 7, 2012); and Crystalline
Silicon Photovoltaic Cells, Whether or
Not Assembled into Modules, from the
People’s Republic of China:
Countervailing Duty Order, 77 FR 73017
(December 7, 2012).
Merchandise covered by the
investigations is currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) under
subheadings 8541.42.0010 and
8541.43.0010. Imports of the subject
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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.
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of § 703 of the Act (19 U.S.C.
1671b) are being provided to
manufacturers, producers, or exporters
in Cambodia, Malaysia, Thailand, and
Vietnam of crystalline silicon
photovoltaic products (solar panels),
and that such products are being sold in
the United States at less than fair value
within the meaning of § 733 of the Act
(19 U.S.C. 1673b). The investigations
were requested in petitions filed on on
April 24, 2024, by the American
Alliance for Solar Manufacturing Trade
Committee.
For further information concerning
the conduct of this phase of the
investigations, hearing procedures, and
rules of general application, consult the
Commission’s Rules of Practice and
Procedure, part 201, subparts A and B
(19 CFR part 201), and part 207,
subparts A and C (19 CFR part 207).
Participation in the investigations and
public service list.—Persons, including
industrial users of the subject
merchandise and, if the merchandise is
sold at the retail level, representative
consumer organizations, wishing to
participate in the final phase of these
investigations as parties must file an
entry of appearance with the Secretary
to the Commission, as provided in
§ 201.11 of the Commission’s rules, no
later than 21 days prior to the hearing
date specified in this notice. A party
that filed a notice of appearance during
the preliminary phase of the
investigations need not file an
additional notice of appearance during
this final phase. The Secretary will
maintain a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations.
Please note the Secretary’s Office will
accept only electronic filings during this
time. Filings must be made through the
Commission’s Electronic Document
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Information System (EDIS, https://
edis.usitc.gov). No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice.
Limited disclosure of business
proprietary information (BPI) under an
administrative protective order (APO)
and BPI service list.—Pursuant to
§ 207.7(a) of the Commission’s rules, the
Secretary will make BPI gathered in the
final phase of these investigations
available to authorized applicants under
the APO issued in the investigations,
provided that the application is made
no later than 21 days prior to the
hearing date specified in this notice.
Authorized applicants must represent
interested parties, as defined by 19
U.S.C. 1677(9), who are parties to the
investigations. A party granted access to
BPI in the preliminary phase of the
investigations need not reapply for such
access. A separate service list will be
maintained by the Secretary for those
parties authorized to receive BPI under
the APO.
Staff report.—The prehearing staff
report in the final phase of these
investigations will be placed in the
nonpublic record on April 1, 2025, and
a public version will be issued
thereafter, pursuant to § 207.22 of the
Commission’s rules.
Hearing.—The Commission will hold
a hearing in connection with the final
phase of these investigations beginning
at 9:30 a.m. on Tuesday, April 15, 2025.
Requests to appear at the hearing should
be filed in writing with the Secretary to
the Commission on or before
Wednesday, April 9, 2025. Any requests
to appear as a witness via
videoconference must be included with
your request to appear. Requests to
appear via videoconference must
include a statement explaining why the
witness cannot appear in person; the
Chairman, or other person designated to
conduct the investigation, may in their
discretion for good cause shown, grant
such a request. Requests to appear as
remote witness due to illness or a
positive COVID–19 test result may be
submitted by 3pm the business day
prior to the hearing. Further information
about participation in the hearing will
be posted on the Commission’s website
at https://www.usitc.gov/calendarpad/
calendar.html.
A nonparty who has testimony that
may aid the Commission’s deliberations
may request permission to present a
short statement at the hearing. All
parties and nonparties desiring to
appear at the hearing and make oral
presentations should attend a
prehearing conference, if deemed
necessary, to be held at 9:30 a.m. on
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Friday, April 11, 2025. Parties shall file
and serve written testimony and
presentation slides in connection with
their presentation at the hearing by no
later than noon on Monday, April 14,
2025. Oral testimony and written
materials to be submitted at the public
hearing are governed by sections
201.6(b)(2), 201.13(f), and 207.24 of the
Commission’s rules. Parties must submit
any request to present a portion of their
hearing testimony in camera no later
than 7 business days prior to the date of
the hearing.
Written submissions.—Each party
who is an interested party shall submit
a prehearing brief to the Commission.
Prehearing briefs must conform with the
provisions of § 207.23 of the
Commission’s rules; the deadline for
filing is April 8, 2025. Parties shall also
file written testimony in connection
with their presentation at the hearing,
and posthearing briefs, which must
conform with the provisions of § 207.25
of the Commission’s rules. The deadline
for filing posthearing briefs is April 22,
2025. In addition, any person who has
not entered an appearance as a party to
the investigations may submit a written
statement of information pertinent to
the subject of the investigations,
including statements of support or
opposition to the petition, on or before
April 22, 2025. On May 13, 2025, the
Commission will make available to
parties all information on which they
have not had an opportunity to
comment. Parties may submit final
comments on this information on or
before May 15, 2025, but such final
comments must not contain new factual
information and must otherwise comply
with § 207.30 of the Commission’s rules.
All written submissions must conform
with the provisions of § 201.8 of the
Commission’s rules; any submissions
that contain BPI must also conform with
the requirements of §§ 201.6, 207.3, and
207.7 of the Commission’s rules. The
Commission’s Handbook on Filing
Procedures, available on the
Commission’s website at https://
www.usitc.gov/documents/handbook_
on_filing_procedures.pdf, elaborates
upon the Commission’s procedures with
respect to filings.
Additional written submissions to the
Commission, including requests
pursuant to § 201.12 of the
Commission’s rules, shall not be
accepted unless good cause is shown for
accepting such submissions, or unless
the submission is pursuant to a specific
request by a Commissioner or
Commission staff.
In accordance with §§ 201.16(c) and
207.3 of the Commission’s rules, each
document filed by a party to the
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investigations must be served on all
other parties to the investigations (as
identified by either the public or BPI
service list), and a certificate of service
must be timely filed. The Secretary will
not accept a document for filing without
a certificate of service.
Authority: These investigations are
being conducted under authority of title
VII of the Tariff Act of 1930; this notice
is published pursuant to § 207.21 of the
Commission’s rules.
By order of the Commission.
Issued: December 20, 2024.
Sharon Bellamy,
Supervisory Hearings and Information
Officer.
[FR Doc. 2025–00001 Filed 1–6–25; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
Notice of Receipt of Complaint;
Solicitation of Comments Relating to
the Public Interest
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has received a complaint
entitled Certain Shapewear Garments
and Components Thereof, DN 3799; the
Commission is soliciting comments on
any public interest issues raised by the
complaint or complainant’s filing
pursuant to the Commission’s Rules of
Practice and Procedure.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary to the Commission,
U.S. International Trade Commission,
500 E Street SW, Washington, DC
20436, telephone (202) 205–2000. The
public version of the complaint can be
accessed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
For help accessing EDIS, please email
EDIS3Help@usitc.gov.
General information concerning the
Commission may also be obtained by
accessing its internet server at United
States International Trade Commission
(USITC) at https://www.usitc.gov . The
public record for this investigation may
be viewed on the Commission’s
Electronic Document Information
System (EDIS) at https://edis.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission has received a complaint
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and a submission pursuant to § 210.8(b)
of the Commission’s Rules of Practice
and Procedure filed on behalf of Spanx,
LLC on December 31, 2024. The
complaint alleges violations of section
337 of the Tariff Act of 1930 (19 U.S.C.
1337) in the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain shapewear
garments and components thereof. The
complaint names as respondents:
Honeylove Sculptwear, Inc. of Los
Angeles, CA; Guangzhoushi Chiping
Dianzi Maoyi Co. Ltd. of China;
Daerwene Inc. of Boulder, CO;
Guangzhoushi Cedong Shangmao
Youxiangongsi of China; Bingrong Co.,
Ltd of China; and Dolce Vita Intimates
LLC of Harrison, NJ. The complainant
requests that the Commission issue a
general exclusion order or, in the
alternative, issue a limited exclusion
order, cease and desist orders, and
impose a bond upon respondents’
alleged infringing articles during the 60day Presidential review period pursuant
to 19 U.S.C. 1337(j).
Proposed respondents, other
interested parties, members of the
public, and interested government
agencies are invited to file comments on
any public interest issues raised by the
complaint or § 210.8(b) filing.
Comments should address whether
issuance of the relief specifically
requested by the complainant in this
investigation would affect the public
health and welfare in the United States,
competitive conditions in the United
States economy, the production of like
or directly competitive articles in the
United States, or United States
consumers.
In particular, the Commission is
interested in comments that:
(i) explain how the articles potentially
subject to the requested remedial orders
are used in the United States;
(ii) identify any public health, safety,
or welfare concerns in the United States
relating to the requested remedial
orders;
(iii) identify like or directly
competitive articles that complainant,
its licensees, or third parties make in the
United States which could replace the
subject articles if they were to be
excluded;
(iv) indicate whether complainant,
complainant’s licensees, and/or third
party suppliers have the capacity to
replace the volume of articles
potentially subject to the requested
exclusion order and/or a cease and
desist order within a commercially
reasonable time; and
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(v) explain how the requested
remedial orders would impact United
States consumers.
Written submissions on the public
interest must be filed no later than by
close of business, eight calendar days
after the date of publication of this
notice in the Federal Register. There
will be further opportunities for
comment on the public interest after the
issuance of any final initial
determination in this investigation. Any
written submissions on other issues
must also be filed by no later than the
close of business, eight calendar days
after publication of this notice in the
Federal Register. Complainant may file
replies to any written submissions no
later than three calendar days after the
date on which any initial submissions
were due, notwithstanding § 201.14(a)
of the Commission’s Rules of Practice
and Procedure. No other submissions
will be accepted, unless requested by
the Commission. Any submissions and
replies filed in response to this Notice
are limited to five (5) pages in length,
inclusive of attachments.
Persons filing written submissions
must file the original document
electronically on or before the deadlines
stated above. Submissions should refer
to the docket number (‘‘Docket No.
3799’’) in a prominent place on the
cover page and/or the first page. (See
Handbook for Electronic Filing
Procedures, Electronic Filing
Procedures 1). Please note the
Secretary’s Office will accept only
electronic filings during this time.
Filings must be made through the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov.) No in-person paperbased filings or paper copies of any
electronic filings will be accepted until
further notice. Persons with questions
regarding filing should contact the
Secretary at EDIS3Help@usitc.gov.
Any person desiring to submit a
document to the Commission in
confidence must request confidential
treatment. All such requests should be
directed to the Secretary to the
Commission and must include a full
statement of the reasons why the
Commission should grant such
treatment. See 19 CFR 201.6. Documents
for which confidential treatment by the
Commission is properly sought will be
treated accordingly. All information,
including confidential business
information and documents for which
confidential treatment is properly
sought, submitted to the Commission for
1 Handbook for Electronic Filing Procedures:
https://www.usitc.gov/documents/handbook_on_
filing_procedures.pdf.
E:\FR\FM\07JAN1.SGM
07JAN1
]]>Agencies
[Federal Register Volume 90, Number 4 (Tuesday, January 7, 2025)]
[Notices]
[Pages 1191-1194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00001]
=======================================================================
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-722-725 and 731-TA-1690-1693 (Final)]
Crystalline Silicon Photovoltaic Products (Solar Panels) From
Cambodia, Malaysia, Thailand, and Vietnam; Scheduling of the Final
Phase of Countervailing Duty and Antidumping Duty Investigations
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping and countervailing duty investigation Nos.
701-TA-722-725 and 731-TA-1690-1693 (Final) pursuant to the Tariff Act
of 1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of crystalline silicon photovoltaic
products (solar panels) from Cambodia, Malaysia, Thailand, and Vietnam,
provided for in statistical reporting numbers 8541.42.0010 and
8541.43.0010 of the Harmonized Tariff Schedule of the United States.
Crystalline silicon photovoltaic cells, whether or not assemabled into
modules, may also be imported under subheadings 8501.71, 8501.72, and
8501.80 and statistical reporting number 8507.20.8010, preliminarily
determined by the Department of Commerce (``Commerce'') to be
subsidized and sold at less-than-fair-value.
DATES: December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Julie Duffy ((202) 708-2579), Office
of Investigations, U.S. International Trade Commission, 500 E Street
SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (https://www.usitc.gov). The public record for these
investigations may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``The merchandise covered by these
investigations is crystalline silicon photovoltaic cells, and modules,
laminates, and panels, consisting of crystalline silicon photovoltaic
cells, whether or not partially or fully assembled into other products,
including, but not limited to, modules, laminates, panels and building
integrated materials.
These investigations cover crystalline silicon photovoltaic cells
of thickness equal to or greater than 20 micrometers, having a p/n
junction formed by any means, whether or not the cell has undergone
other processing, including, but not limited to, cleaning, etching,
coating, and/or addition of materials (including, but not limited to,
metallization and conductor patterns) to collect and forward the
electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules, laminates,
panels, buildingintegrated modules, building-integrated panels, or
other finished goods kits. Such parts that otherwise meet the
definition of merchandise under consideration are included in the scope
of the investigations.
Excluded from the scope of the investigations are thin film
photovoltaic products produced from amorphous silicon (a-Si), cadmium
telluride (CdTe), or copper indium gallium selenide (CIGS). Also
excluded from the scope of the investigations are crystalline silicon
photovoltaic cells, not exceeding 10,000 mm\2\ in surface area, that
are permanently integrated into a consumer good whose function is other
than power generation and that consumes the electricity generated by
the integrated crystalline silicon photovoltaic cell. Where more than
one cell is permanently integrated into a consumer good, the surface
area for purposes of this exclusion shall be the total combined surface
area of all cells that are integrated into the consumer good.
Additionally, excluded from the scope of the investigations are
panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one
black wire and one red wire (each of type 22 AWG or 24 AWG not more
than 206 mm in length when measured from panel extrusion), and not
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this
exclusion, no panel shall contain an internal battery or external
computer peripheral ports.
Also excluded from the scope of the investigations are:
1. Off grid CSPV panels in rigid form with a glass cover, with the
following characteristics: (A) a total power output of 100 watts or
less per panel; (B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter; (D) must include a permanently
connected wire that terminates in either an 8 mm male barrel connector,
or a two-port rectangular connector with two pins in square housings of
different colors; (E) must include visible parallel grid collector
metallic wire lines every 1-4 millimeters across each solar cell; and
(F) must be in individual retail packaging (for purposes of this
provision, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics: (A) a total power output of 100 watts or less per
panel; (B) a maximum surface area of 8,000 cm\2\ per panel; (C) do not
include a built-in inverter; (D) must include visible parallel grid
collector metallic wire lines every 1-4 millimeters across each solar
cell; and (E) each panel is (1) permanently integrated into a consumer
good; (2) encased in a laminated material without stitching, or (3) has
all of the following characteristics: (i) the panel is encased in sewn
fabric with visible stitching, (ii) includes a mesh zippered storage
pocket, and (iii) includes a permanently attached wire that terminates
in a female USB-A connector.
In addition, the following CSPV panels are excluded from the scope
of the investigations: off-grid CSPV panels in rigid form with a glass
cover, with each of the following physical characteristics, whether or
not assembled into a fully completed off-grid hydropanel whose function
is conversion of water vapor into liquid water: (A) a total power
output of no more than 80 watts per panel; (B) a surface area of less
than 5,000 square centimeters (cm\2\) per panel; (C) do not include a
built-in inverter; (D) do not have a frame around the edges of the
panel; (E) include a clear glass back panel; and (F) must include a
permanently connected wire that
[[Page 1192]]
terminates in a twoport rectangular connector.
Additionally excluded from the scope of these investigations are
off-grid small portable crystalline silicon photovoltaic panels, with
or without a glass cover, with the following characteristics: (1) a
total power output of 200 watts or less per panel; (2) a maximum
surface area of 16,000 cm\2\ per panel; (3) no built-in inverter; (4)
an integrated handle or a handle attached to the package for ease of
carry; (5) one or more integrated kickstands for easy installation or
angle adjustment; and (6) a wire of not less than 3 meters either
permanently connected or attached to the package that terminates in an
8 mm diameter male barrel connector.
Also excluded from the scope of these investigations are off-grid
crystalline silicon photovoltaic panels in rigid form with a glass
cover, with each of the following physical characteristics, whether or
not assembled into a fully completed off-grid hydropanel whose function
is conversion of water vapor into liquid water: (A) a total power
output of no more than 180 watts per panel at 155 degrees Celsius; (B)
a surface area of less than 16,000 square centimeters (cm\2\) per
panel; (C) include a keep-out area of approximately 1,200 cm\2\ around
the edges of the panel that does not contain solar cells; (D) do not
include a built-in inverter; (E) do not have a frame around the edges
of the panel; (F) include a clear glass back panel; (G) must include a
permanently connected wire that terminates in a two-port rounded
rectangular, sealed connector; (H) include a thermistor installed into
the permanently connected wire before the twoport connector; and (I)
include exposed positive and negative terminals at opposite ends of the
panel, not enclosed in a junction box.
Further excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a permanently
connected wire that terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure, (E) must include visible parallel grid collector metallic
wire lines every 1-4 millimeters across each solar cell, and (F) must
be in individual retail packaging (for purposes of this provision,
retail packaging typically includes graphics, the product name, its
description and/or features); and
2. Off-grid small portable crystalline silicon photovoltaic panels,
with or without a glass cover, with the following characteristics: (A)
a total power output of 200 watts or less per panel, (B) a maximum
surface area of 16,000 cm\2\ per panel, (C) no built-in inverter, (D)
an integrated handle or a handle attached to the package for ease of
carry, (E) one or more integrated kickstands for easy installation or
angle adjustment, and (F) a wire either permanently connected or
attached to the package terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure.
Also excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 200 watts or
less per panel, (B) a maximum surface area of 10,500 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a permanently
connected wire that terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure, (E) must include visible parallel grid collector metallic
wire lines every 1-4 millimeters across each solar cell, and (F) must
be in individual retail packaging (for purposes of this provision,
retail packaging typically includes graphics, the product name, its
description and/or features); and
2. Small off-grid panels with glass cover, with the following
characteristics: (A) surface area from 3,450 mm\2\ to 33,782 mm\2\, (B)
with one black wire and one red wire (each of type 22AWG or 28 AWG not
more than 350 mm in length when measured from panel extrusion), (C) not
exceeding 10 volts, (D) not exceeding 1.1 amps, (E) not exceeding 6
watts, and (F) for the purposes of this exclusion, no panel shall
contain an internal battery or external computer peripheral ports.
Additionally excluded from the scope of the investigations are:
1. Off grid rigid CSPV panels with a glass cover, with the
following characteristics: (A) a total power output of 175 watts or
less per panel, (B) a maximum surface area of 9,000 cm\2\ per panel,
(C) do not include a built-in inverter, (D) must include a permanently
connected wire that terminates in waterproof connector with a
cylindrical positive electrode and a rectangular negative electrode
with the positive and negative electrodes having an interlocking
structure; (E) must include visible parallel grid collector metallic
wire lines every 1-4 millimeters across each solar cell, and (F) must
be in individual retail packaging (for purposes of this provision,
retail packaging typically includes graphics, the product name, its
description and/or features); and
2. Off grid CSPV panels without a glass cover, with the following
characteristics, (A) a total power output of 220 watts or less per
panel, (B) a maximum surface area of 16,000 cm\2\ per panel, (C) do not
include a built-in inverter, (D) must include visible parallel grid
collector metallic wire lines every 1-4 millimeters across each solar
cell, and (E) each panel is encased in a laminated material without
stitching.
Also excluded from the scope of these investigations are off-grid
CSPV panels in rigid form, with or without a glass cover, permanently
attached to an aluminum extrusion that is an integral component of an
automation device that controls natural light, whether or not assembled
into a fully completed automation device that controls natural light,
with the following characteristics:
1. a total power output of 20 watts or less per panel;
2. a maximum surface area of 1,000 cm\2\ per panel;
3. does not include a built-in inverter for powering third party
devices.
Modules, laminates, and panels produced in a third-country from
cells produced in a subject country are covered by the investigations;
however, modules, laminates, and panels produced in a subject country
from cells produced in a third-country are not covered by the
investigations.
Also excluded from the scope of these investigations are all
products covered by the scope of the antidumping and countervailing
duty orders on Crystalline Silicon Photovoltaic Cells, Whether or Not
Assembled into Modules, from the People's Republic of China: Amended
Final Determination of Sales at Less Than Fair Value, and Antidumping
Duty Order, 77 FR 73018 (December 7, 2012); and Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules, from the
People's Republic of China: Countervailing Duty Order, 77 FR 73017
(December 7, 2012).
Merchandise covered by the investigations is currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8541.42.0010 and 8541.43.0010. Imports of the subject
[[Page 1193]]
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.
Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of
1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative
preliminary determinations by Commerce that certain benefits which
constitute subsidies within the meaning of Sec. 703 of the Act (19
U.S.C. 1671b) are being provided to manufacturers, producers, or
exporters in Cambodia, Malaysia, Thailand, and Vietnam of crystalline
silicon photovoltaic products (solar panels), and that such products
are being sold in the United States at less than fair value within the
meaning of Sec. 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in petitions filed on on April 24, 2024, by the American
Alliance for Solar Manufacturing Trade Committee.
For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, https://edis.usitc.gov).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on April 1,
2025, and a public version will be issued thereafter, pursuant to Sec.
207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on Tuesday,
April 15, 2025. Requests to appear at the hearing should be filed in
writing with the Secretary to the Commission on or before Wednesday,
April 9, 2025. Any requests to appear as a witness via videoconference
must be included with your request to appear. Requests to appear via
videoconference must include a statement explaining why the witness
cannot appear in person; the Chairman, or other person designated to
conduct the investigation, may in their discretion for good cause
shown, grant such a request. Requests to appear as remote witness due
to illness or a positive COVID-19 test result may be submitted by 3pm
the business day prior to the hearing. Further information about
participation in the hearing will be posted on the Commission's website
at https://www.usitc.gov/calendarpad/calendar.html.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on Friday,
April 11, 2025. Parties shall file and serve written testimony and
presentation slides in connection with their presentation at the
hearing by no later than noon on Monday, April 14, 2025. Oral testimony
and written materials to be submitted at the public hearing are
governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the
Commission's rules. Parties must submit any request to present a
portion of their hearing testimony in camera no later than 7 business
days prior to the date of the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is April 8, 2025. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is April 22, 2025. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petition, on or before April 22, 2025. On May 13, 2025, the Commission
will make available to parties all information on which they have not
had an opportunity to comment. Parties may submit final comments on
this information on or before May 15, 2025, but such final comments
must not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
[[Page 1194]]
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to Sec. 207.21 of the Commission's rules.
By order of the Commission.
Issued: December 20, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2025-00001 Filed 1-6-25; 8:45 am]
BILLING CODE 7020-02-P
