[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Notices]
[Pages 96207-96211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28401]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-557-830]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From Malaysia: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, Postponement of Final Determination, and
Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that crystalline silicon photovoltaic cells, whether or not
assembled into modules (solar cells) from Malaysia are being, or are
likely to be, sold in the United States at less than fair value (LTFV).
The period of investigation (POI) is April 1, 2023, through March 31,
2024. Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable December 4, 2024.
FOR FURTHER INFORMATION CONTACT: Patrick Barton or Elizabeth Talbot
Russ, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0012
or (202) 482-5516 respectively.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
initiated this
[[Page 96208]]
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 Malaysia,'' dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are solar cells from
Malaysia. 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).
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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 section 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available, with adverse
inferences, for Baojia New Energy Manufacturing Sdn., CRC Solar Cell
Joint Stock Company, Lynter Enterprise, and Mega PP Sdn. Bhd. For a
full description of the methodology underlying the preliminary
determination, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that, in
the preliminary determination, Commerce shall determine an estimated
weighted-average dumping margin, i.e., all-others rate, for all
exporters and producers not individually examined. This rate shall be
an amount equal to the weighted average of the estimated weighted-
average dumping margins established for exporters 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 preliminarily calculated a zero
rate for Hanwha Q Cells Malaysia Sdn. Bhd (Hanwha Q Cells). Therefore,
the only rate that is not zero, de minimis, or based entirely on facts
otherwise available is the rate calculated for Jinko Solar Technology
Sdn. Bhd. (Jinko Solar). Consequently, the rate calculated for Jinko
Solar is also assigned as the rate for all other producers and
exporters.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
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\8\ See Memorandum, ``Countervailing Duty Investigation of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from Malaysia: Preliminary Determination Calculations
for Hanwha Q Cells Malaysia Sdn. Bhd.,'' dated September 30, 2024.
\9\ See Memorandum, ``Countervailing Duty Investigation of
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
into Modules, from Malaysia: Amended Preliminary Determination
Calculations for Jinko Solar Technology Sdn. Bhd.,'' dated October
31, 2024.
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Cash deposit rate
Weighted-average (adjusted for
Exporter/producer dumping margin subsidy
(percent) offset(s))
(percent)
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Hanwha Q Cells Malaysia Sdn. Bhd.. 0.00 \8\ 0.00
Jinko Solar Technology Sdn. Bhd... 21.31 \9\ 17.84
Baojia New Energy Manufacturing * 81.24 * 81.24
Sdn..............................
CRC Solar Cell Joint Stock Company * 81.24 * 81.24
Lynter Enterprise................. * 81.24 * 81.24
Mega PP Sdn. Bhd.................. * 81.24 * 81.24
All Others........................ 21.31 17.84
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* Rates based on facts available with adverse inferences.
[[Page 96209]]
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption, on or after the date of
publication of this notice in the Federal Register, except as noted
below for Hanwha Q Cells. Further, pursuant to section 733(d)(1)(B) of
the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a
cash deposit equal to the estimated weighted-average dumping margin, as
adjusted for export subsidies, as follows: (1) the cash deposit rate
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.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding. Accordingly, where Commerce
preliminarily made an affirmative determination for countervailable
export subsidies, Commerce has offset the estimated weighted-average
dumping margin by the appropriate CVD rate. Any such adjusted cash
deposit rate 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.
Because the estimated weighted-average dumping margin for Hanwha Q
Cells is zero, entries of subject merchandise produced and exported by
Hanwha Q Cells will not be subject to suspension of liquidation or cash
deposit requirements. In such situations, Commerce applies the
exclusion to the provisional measures to the producer/exporter
combination that was examined in the investigation. Accordingly,
Commerce is directing CBP not to suspend the liquidation of entries of
subject merchandise that was exported and produced by Hanwha Q Cells.
Entries of shipments of subject merchandise from this company in any
other producer/exporter combination, or by third parties that sourced
subject merchandise from the excluded producer/exporter combination,
are subject to the provisional measures at the all-others rate.
Should the final estimated weighted-average dumping margin be zero
or de minimis for the producer/exporter combination identified above,
entries of shipments of subject merchandise from this producer/exporter
combination will be excluded from the potential antidumping duty order.
Such exclusions are not applicable to merchandise exported to the
United States by this respondent in any other producer/exporter
combination or by third parties that sourced subject merchandise from
the excluded producer/exporter combination.
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 or do not satisfy the significance
standard under 19 CFR 351.224(g) following the preliminary
determination. Instead, Commerce will address such allegations in the
final determination if the ministerial error allegation is included
with issues raised in the case briefs or other written comments.
Verification
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).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this investigation, we instead request
that interested parties provide at the beginning of their briefs a
public, executive summary for each issue raised in their briefs.\13\
Further, we request that interested parties limit their public
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\14\
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\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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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
[[Page 96210]]
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 8, 2024, pursuant to 19 CFR 351.210(e), Jinko Solar
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 Jinko Solar's Letter, ``Jinko's Request for
Postponement of Final Determination,'' dated November 8, 2024.
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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 these investigations is crystalline
silicon photovoltaic cells, and modules, laminates, and panels,
consisting of crystalline silicon photovoltaic cells, whether or not
partially or fully assembled into other products, including, but not
limited to, modules, laminates, panels and building integrated
materials.
These investigations cover crystalline silicon photovoltaic
cells of thickness equal to or greater than 20 micrometers, having a
p/n junction formed by any means, whether or not the cell has
undergone other processing, including, but not limited to, cleaning,
etching, coating, and/or addition of materials (including, but not
limited to, metallization and conductor patterns) to collect and
forward the electricity that is generated by the cell.
Merchandise under consideration may be described at the time of
importation as parts for final finished products that are assembled
after importation, including, but not limited to, modules,
laminates, panels, building-integrated modules, building-integrated
panels, or other finished goods kits. Such parts that otherwise meet
the definition of merchandise under consideration are included in
the scope of the investigations.
Excluded from the scope of the investigations are thin film
photovoltaic products produced from amorphous silicon (a-Si),
cadmium telluride (CdTe), or copper indium gallium selenide (CIGS).
Also excluded from the scope of the investigations are
crystalline silicon photovoltaic cells, not exceeding 10,000 mm\2\
in surface area, that are permanently integrated into a consumer
good whose function is other than power generation and that consumes
the electricity generated by the integrated crystalline silicon
photovoltaic cell. Where more than one cell is permanently
integrated into a consumer good, the surface area for purposes of
this exclusion shall be the total combined surface area of all cells
that are integrated into the consumer good.
Additionally, excluded from the scope of the investigations are
panels with surface area from 3,450 mm\2\ to 33,782 mm\2\ with one
black wire and one red wire (each of type 22 AWG or 24 AWG not more
than 206 mm in length when measured from panel extrusion), and not
exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of
this exclusion, no panel shall contain an internal battery or
external computer peripheral ports.
Also excluded from the scope of the investigations are:
1. Off grid CSPV panels in rigid form with a glass cover, with
the following characteristics: (A) a total power output of 100 watts
or less per panel; (B) a maximum surface area of 8,000 cm\2\ per
panel; (C) do not include a built-in inverter; (D) must include a
permanently connected wire that terminates in either an 8 mm male
barrel connector, or a two-port rectangular connector with two pins
in square housings of different colors; (E) must include visible
parallel grid collector metallic wire lines every 1-4 millimeters
across each solar cell; and (F) must be in individual retail
packaging (for purposes of this provision, retail packaging
typically includes graphics, the product name, its description and/
or features, and foam for transport); and
2. Off grid CSPV panels without a glass cover, with the
following characteristics: (A) a total power output of 100 watts or
less per panel; (B) a maximum surface area of 8,000 cm\2\ per panel;
(C) do not include a built-in inverter; (D) must include visible
parallel grid collector metallic wire lines every 1-4 millimeters
across each solar cell; and (E) each panel is (1) permanently
integrated into a consumer good; (2) encased in a laminated material
without stitching, or (3) has all of the following characteristics:
(i) the panel is encased in sewn fabric with visible stitching, (ii)
includes a mesh zippered storage pocket, and (iii) includes a
permanently attached wire that terminates in a female USB-A
connector.
In addition, the following CSPV panels are excluded from the
scope of the investigations: off-grid CSPV panels in rigid form with
a glass cover, with each of the following physical characteristics,
whether or not assembled into a fully completed off-grid hydropanel
whose function is conversion of water vapor into liquid water: (A) a
total power output of no more than 80 watts per panel; (B) a surface
area of less than 5,000 square centimeters (cm\2\) per panel; (C) do
not include a built-in inverter; (D) do not have a frame around the
edges of the panel; (E) include a clear glass back panel; and (F)
must include a permanently connected wire that terminates in a
twoport rectangular connector.
Additionally excluded from the scope of these investigations are
off-grid small portable crystalline silicon photovoltaic panels,
with or without a glass cover, with the following characteristics:
(1) a total power output of 200 watts or less per panel; (2) a
maximum surface area of 16,000 cm\2\ per panel; (3) no built-in
inverter; (4) an
[[Page 96211]]
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 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. Affiliation and Single Entity Analysis
V. Application of Facts Available and Use of Adverse Inference
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Adjustments to Cash Deposit Rates for Export Subsidies in the
Companion Countervailing Duty Investigation
IX. Recommendation
[FR Doc. 2024-28401 Filed 12-3-24; 8:45 am]
BILLING CODE 3510-DS-P