[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Notices]
[Pages 45373-45375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16326]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011]
Crystalline Silicon Photovoltaic Products From the People's
Republic of China: Notice of Initiation of Changed Circumstances
Reviews, and Consideration of Revocation of the Antidumping and
Countervailing Duty Orders in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on a request from Maodi Solar Technology (Dongguan) Co.,
Ltd., (Maodi Solar), the Department of Commerce (Commerce) is
initiating changed circumstances reviews (CCRs) to consider the
possible revocation, in part, of the antidumping duty (AD) and
countervailing duty (CVD) orders on crystalline silicon photovoltaic
products (solar products) from the People's Republic of China (China)
with respect to certain off-grid portable small panels.
DATES: Applicable July 28, 2020.
FOR FURTHER INFORMATION CONTACT: Kathryn Turlo, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3875.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published AD and CVD orders on solar
products from China.\1\ On June 17, 2020, Maodi Solar, an exporter of
subject merchandise, requested that Commerce conduct CCRs to revoke the
Orders with respect to certain off-grid portable small panels, pursuant
to section 751(b)(1) of the Tariff Act of 1930, as amended (the Act),
and 19 CFR 351.216(b).\2\ On July 13, 2020, SunPower Manufacturing
Oregon, LLC (the petitioner), a domestic producer of the domestic like
product, submitted a letter stating that it took no position regarding
the partial revocation proposed by Maodi Solar.\3\ We received
[[Page 45374]]
no other comments regarding Maodi Solar's request.
---------------------------------------------------------------------------
\1\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Antidumping Duty Order; and Amended
Final Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (Orders).
\2\ See Maodi Solar's Letter, ``Certain Crystalline Silicon
Photovoltaic Products from the People's Republic of China (A-570-
010; C-570-011): Maodi Solar's Request for Changed Circumstances
Review,'' dated June 17, 2020.
\3\ See Petitioner's Letter, ``Crystalline Silicon Photovoltaic
Products from the People's Republic of China: Comments on Maodi
Solar's Request for Changed Circumstances Review,'' dated July 13,
2020.
---------------------------------------------------------------------------
Scope of the Orders
The merchandise covered by these orders is modules, laminates and/
or panels consisting of crystalline silicon photovoltaic cells, whether
or not partially or fully assembled into other products, including
building integrated materials. For purposes of these orders, subject
merchandise includes modules, laminates and/or panels assembled in
China consisting of crystalline silicon photovoltaic cells produced in
a customs territory other than China.
Subject merchandise includes modules, laminates and/or panels
assembled in China consisting of 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.
Excluded from the scope of these 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 these orders are modules, laminates and/or panels
assembled in China, consisting of 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 cells. Where more than one
module, laminate and/or panel is permanently integrated into a consumer
good, the surface area for purposes of this exclusion shall be the
total combined surface area of all modules, laminates and/or panels
that are integrated into the consumer good.
Further, also excluded from the scope of these orders are any
products covered by the existing antidumping and countervailing duty
orders on crystalline silicon photovoltaic cells, whether or not
assembled into modules, laminates and/or panels, from China.\4\
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
Additionally, excluded from the scope of these orders are solar
panels that are: (1) Less than 300,000 mm2 in surface area; (2) less
than 27.1 watts in power; (3) coated across their entire surface with a
polyurethane doming resin; and (4) joined to a battery charging and
maintaining unit (which is an acrylonitrile butadiene styrene (ABS) box
that incorporates a light emitting diode (LED)) by coated wires that
include a connector to permit the incorporation of an extension cable.
The battery charging and maintaining unit utilizes high-frequency
triangular pulse waveforms designed to maintain and extend the life of
batteries through the reduction of lead sulfate crystals. The above-
described battery charging and maintaining unit is currently available
under the registered trademark ``SolarPulse.''
Merchandise covered by these orders is currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060,
8507.20.8090, 8541.40.6015, 8541.40.6020, 8541.40.6030, 8541.40.6035
and 8501.31.8000. These HTSUS subheadings are provided for convenience
and customs purposes; the written description of the scope of these
orders is dispositive.\5\
---------------------------------------------------------------------------
\5\ See the Orders.
---------------------------------------------------------------------------
Proposed Revocation of the Orders
Maodi Solar proposes that the Orders be revoked, in part, with
respect to certain off-grid portable small panels. Specifically, Maodi
Solar proposes revoking the Orders with respect to the solar panels
described below:
(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 a
male barrel connector, or, a two-port rectangular connector with two
pins in square housings of different colors, or, an Anderson connector;
(E) must be in individual retail packaging (for purposes of this
provisions, retail packaging typically includes graphics, the product
name, its description and/or features, and foam for transport)
(2) Off-grid CSPV panels in rigid form 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) 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 storage
pocket; and, (iii) includes (a) a wire that terminates in a female USB-
A connector; or, (b) a junction box which includes a female USB-A
connector.
Initiation of CCRs and Consideration of Revocation of the Orders, in
Part
Pursuant to section 751(b) of the Act, Commerce will conduct a CCR
upon receipt of a request from an interested party \6\ that shows
changed circumstances sufficient to warrant a review of an order. In
accordance with 19 CFR 351.216(d), Commerce determines that the
information submitted by Maodi Solar constitutes a sufficient basis to
conduct CCRs of the Orders.
---------------------------------------------------------------------------
\6\ Maodi Solar reported in its June 17, 2020, request for CCRs
that it is an exporter of solar panels. As such, Maodi Solar is an
interested party pursuant to 19 CFR 351.102(b)(29)(i).
---------------------------------------------------------------------------
Section 782(h)(2) of the Act and 19 CFR 351.222(g)(1)(i) provide
that Commerce may revoke an order (in whole or in part) if it
determines that producers accounting for substantially all of the
production of the domestic like product have expressed a lack of
interest in the order, in whole or in part. In addition, in the event
Commerce determines that expedited action is warranted, 19 CFR
351.221(c)(3)(ii) permits Commerce to combine the notices of initiation
and preliminary results. In its administrative practice, Commerce has
interpreted ``substantially all'' to mean producers accounting for at
least 85 percent of the total U.S. production of the domestic like
product covered by the order.\7\
---------------------------------------------------------------------------
\7\ See, e.g., Certain Cased Pencils from the People's Republic
of China: Initiation and Preliminary Results of Antidumping Duty
Changed Circumstances Review, and Intent To Revoke Order in Part, 77
FR 42276 (July 18, 2012), unchanged in Certain Cased Pencils from
the People's Republic of China: Final Results of Antidumping Duty
Changed Circumstances Review, and Determination To Revoke Order, in
Part, 77 FR 53176 (August 31, 2012).
---------------------------------------------------------------------------
The petitioner states that it takes no position with respect to
Maodi Solar's
[[Page 45375]]
partial revocation request. We interpret the petitioner's statement to
mean that it does not oppose the partial revocation request. However,
because the petitioner did not indicate whether it accounts for
substantially all of the domestic production of solar products, we are
not combining this notice of initiation with a preliminary
determination, pursuant to 19 CFR 351.221(c)(3)(ii), but will provide
interested parties with an opportunity to address the issue of domestic
industry support with respect to this requested partial revocation of
the Orders, as explained below. After examining comments, if any,
concerning domestic industry support, we will issue the preliminary
results of these CCRs.
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these CCRs, including comments on industry
support and the proposed partial revocation language. Comments and
factual information may be submitted to Commerce no later than ten days
after the date of publication of this notice. Rebuttal comments and
rebuttal factual information may be filed with Commerce no later than
seven days after the comments and/or factual information are filed.\8\
Note that Commerce has temporarily modified certain of its requirements
for serving documents containing business proprietary information,
until further notice.\9\ All submissions must be filed electronically
using Enforcement and Compliance's AD and CVD Centralized Electronic
Service System (ACCESS).\10\ An electronically filed document must be
received successfully in its entirety by ACCESS, by 5 p.m. Eastern Time
on the due dates set forth in this notice.
---------------------------------------------------------------------------
\8\ Submissions of rebuttal factual information must comply with
19 CFR 351.301(b)(2); see also Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID-19; Extension of Effective Period,
85 FR 41363 (July 10, 2020) (Temporary Rule).
\9\ See Temporary Rule.
\10\ See generally 19 CFR 351.303.
---------------------------------------------------------------------------
Preliminary and Final Results of the Review
Commerce intends to publish in the Federal Register a notice of the
preliminary results of these AD and CVD CCRs in accordance with 19 CFR
351.221(b)(4) and (c)(3)(i), which will set forth Commerce's
preliminary factual and legal conclusions. Commerce will issue its
final results of these CCRs in accordance with the time limits set
forth in 19 CFR 351.216(e).
Notification to Interested Parties
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: July 22, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-16326 Filed 7-27-20; 8:45 am]
BILLING CODE 3510-DS-P