[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Notices]
[Pages 17041-17043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06931]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-979, C-570-980]
Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled
Into Modules, From the People's Republic of China: Preliminary Results
of Changed Circumstances Reviews, and Intent To Revoke the Antidumping
and Countervailing Duty Orders, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
intends to revoke, in part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on crystalline silicon photovoltaic
cells, whether or not assembled into modules (solar cells), from the
People's Republic of China (China) with respect to certain small, low-
wattage, off-grid (CSPV) cells as described below. Interested parties
are invited to comment on these preliminary results.
DATES: Applicable April 23, 2025.
FOR FURTHER INFORMATION CONTACT: Samantha Biondo, Office of Policy,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230; telephone: (202) 482-6358.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 2012, Commerce published the AD and CVD orders on
solar cells from China.\1\ On August 28, 2024, Lutron Electronics Co.,
Inc (Lutron), a domestic producer, importer and exporter of subject
merchandise, requested that Commerce conduct changed circumstances
reviews (CCR) to find that it is appropriate to revoke the Orders, in
part, with respect to certain small, low-wattage, off-grid CSPV cells,
pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.216(b).\2\ Lutron's CCR request included a
letter from American Alliance for Solar Manufacturing (the Alliance), a
domestic interested party in this proceeding, in which the Alliance
stated that it did not oppose the partial revocation of the Orders
proposed by Lutron.\3\ No interested parties filed comments opposing
the CCR request.
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\1\ See 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); see also
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) (collectively, Orders).
\2\ See Lutron's Letter, ``Lutron Electronics Co., Inc.'s
Request for Changed Circumstances Reviews and Request to Combine
Initiation and Preliminary Results,'' dated August 28, 2024 (CCR
Request).
\3\ Id. at Exhibits 2 and 3.
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On October 21, 2024, we published the notice of initiation of the
requested CCRs.\4\ In the Initiation Notice, we invited interested
parties to provide comments and/or factual information regarding these
CCRs, including comments on industry support and the proposed partial
revocation language.\5\ We received no comments or factual information.
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\4\ See Crystalline Silicon Photovoltaic Products, Whether or
Not Assembled into Modules, from the People's Republic of China:
Notice of Initiation of Changed Circumstances Review, and
Consideration of Revocation of the Antidumping Order in Part, 89 FR
84114 (October 21, 2024) (Initiation Notice).
\5\ Id., 89 FR at 84114.
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Scope of the Orders
The merchandise covered by these Orders 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 Orders 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 Orders.
Excluded from the scope of the Orders 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 Orders 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 Orders 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 Orders 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
[[Page 17042]]
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 Orders:
1. 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 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-port rectangular connector.
Modules, laminates, and panels produced in a third country from
cells produced in China are covered by the Orders; however, modules,
laminates, and panels produced in China from cells produced in a third
country are not covered by the Orders.
Additionally excluded from the scope of these Orders 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 8mm diameter
male barrel connector.
Also excluded from the scope of the Orders 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.
Merchandise covered by these Orders is currently classified in the
Harmonized Tariff System of the United States (HTSUS) under 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, 8507.20.8091, 8541.42.0010,
and 8541.43.0010. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of the
Orders are dispositive.\6\
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\6\ See Orders.
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Scope of the CCRs
The products subject to the proposed revocation are certain small,
low-wattage, off-grid CSPV cells that are permanently attached to an
aluminum extrusion that controls natural light, whether or not
assembled into a fully completed automation device that controls
natural light.\7\ Lutron requests that the following exclusion language
be added to the scope of the Orders to implement the requested
revocation:
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\7\ See Initiation Notice, 89 FR at 84114.
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.\8\
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\8\ See CCR Request at 3.
Preliminary Results of CCRs and Intent To Revoke the Orders, in Part
Pursuant to section 751(d)(1) of the Act, and 19 CFR 351.222(g),
Commerce may revoke an AD or CVD order, in whole or in part, based on a
review under section 751(b) of the Act (i.e., a CCR). Section 751(b)(1)
of the Act requires a CCR to be conducted upon receipt of a request
which shows changed circumstances sufficient to warrant a review.
Section 782(h)(2) of the Act gives Commerce the authority to revoke an
order if producers accounting for substantially all of the production
of the domestic like product have expressed a lack of interest in the
order. Section 351.222(g) of Commerce's regulations provides that
Commerce will conduct a CCR of an AD or CVD order under 19 CFR 351.216,
and may revoke an order (in whole or in part), if it concludes that:
(i) producers accounting for substantially all of the production of the
domestic like product to which the order pertains have expressed a lack
of interest in the relief provided by the order, in whole or in part;
or (ii) if other changed circumstances sufficient to warrant revocation
exist. Thus, both the Act and Commerce's regulations require that
``substantially all'' domestic producers express a lack of interest in
the order for Commerce to revoke the order, in whole or in part.\9\ In
its administrative practice, Commerce has interpreted ``substantially
all'' to represent producers accounting for at least 85 percent of U.S.
production of the domestic like product.\10\
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\9\ See section 782(h) of the Act; and 19 CFR 351.222(g).
\10\ See, e.g., Honey from Argentina; Antidumping and
Countervailing Duty Changed Circumstances Reviews; Preliminary
Intent to Revoke Antidumping and Countervailing Duty Orders, 77 FR
67790, 67791 (November 14, 2012), unchanged in Honey from Argentina;
Final Results of Antidumping and Countervailing Duty Changed
Circumstances Reviews; Revocation of Antidumping and Countervailing
Duty Orders, 77 FR 77029 (December 31, 2012).
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[[Page 17043]]
Lutron submitted a letter from the Alliance, a coalition of U.S.
producers of the domestic like product, which stated that the Alliance
did not oppose the changed circumstances reviews or the specific
exclusion language proposed by Lutron.\11\ In that letter, the Alliance
did not indicate its share of production of the domestic like
product.\12\ Thus, Commerce was unable to determine, at the time that
it initiated these CCRs, whether producers accounting for substantially
all of the U.S. production of the domestic like product lacked interest
in the Orders with respect to the certain small, low-wattage, off-grid
CSPV cells under consideration here. As a result, Commerce did not
issue a combined notice of initiation and preliminary results in these
CCRs.\13\ Instead, as stated above, in the Initiation Notice, Commerce
invited interested parties to provide comments and/or factual
information regarding these CCRs, including comments on industry
support and the proposed partial revocation language. No party
submitted comments. Accordingly, we find that the domestic industry has
expressed no opposition with respect to the proposed revocation, in
part, of the Orders.
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\11\ See CCR Request at Exhibit 7.
\12\ Id.; see also Initiation Notice.
\13\ See Initiation Notice.
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In light of the Alliance's statement of lack of interest in
maintaining the Orders with respect to the certain small, low-wattage,
off-grid CSPV cells described by Lutron, and in the absence of any
other interested party comments addressing the issue of domestic
industry support, we preliminarily conclude that producers accounting
for substantially all of the production of the domestic like product to
which the Orders pertain lack interest in the relief provided by the
Orders with respect to the certain small, low-wattage, off-grid CSPV
cells that are the subject of Lutron's CCR request. Thus, we
preliminarily determine that changed circumstances warrant revocation
of the Orders, in part, with respect to such cells. Accordingly, we are
notifying the public of our intent to revoke the Orders, in part, with
respect to the certain CSPV cells described in the ``Scope of the
CCRs'' section above.
If we make a final determination to revoke the Orders in part, then
Commerce will apply this determination to each order as follows.
Because we have completed administrative reviews of the Orders, the
partial revocation will be retroactively applied to unliquidated
entries of merchandise subject to the CCRs that were entered or
withdrawn from warehouse, for consumption, on or after the day
following the last day of the period covered by the most recently
completed administrative reviews of the Orders, and which are not
covered by automatic liquidation.
Public Comment
In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in case
briefs, may be filed no later than five days after the case briefs, in
accordance with 19 CFR 351.309(d).\14\
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\14\ See 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).
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Interested parties who submit case or rebuttal briefs must submit:
(1) a table of contents listing each issue discussed in the brief; and
(2) a table of authorities.\15\ 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 review, we instead
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs. 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 results in this review. We
request that interested parties include footnotes for relevant
citations in the executive summary of each issue.
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\15\ See 19 CFR 351.309(c)(2) and (d)(2).
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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 Secretary for
Enforcement and Compliance, filed electronically via ACCESS, within 30
days of publication of this notice. Requests should contain the
following information: (1) the party's name, address, and telephone
number; (2) the number of participants and whether any participant is a
foreign national; and (3) a list of issues to be discussed. If a
request for a hearing is made, Commerce will inform parties of the date
and time for the hearing.
All submissions are to be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the day it is due. Note
that Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\16\
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\16\ See APO and Service Final Rule.
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Final Results of the CCRs
Commerce will issue the final results of these CCRs, which will
include its analysis of any written comments, no later than 270 days
after the date on which these reviews were initiated.\17\ If, in the
final results of these reviews, Commerce continues to determine that
changed circumstances warrant the revocation of the Orders, in part, we
will instruct U.S. Customs and Border Protection (CBP) to liquidate
without regard to ADs or CVDs, and to refund any estimated ADs and CVDs
deposited on all unliquidated entries of the merchandise covered by the
revocation that are not covered by the final results of an
administrative review or an automatic liquidation instruction to CBP.
The current requirement for cash deposits of estimated ADs and CVDs on
all entries of subject merchandise will continue unless they are
modified pursuant to the final results of these changed CCRs.
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\17\ See 19 CFR 351.216(e).
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Notification to Interested Parties
These preliminary results of these reviews and this notice are
published in accordance with sections 751(b) and 777(i) of the Act, and
19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: April 16, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations for performing
the non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2025-06931 Filed 4-22-25; 8:45 am]
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