[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Notices]
[Pages 54993-54996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19480]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-010, C-570-011]
Crystalline Silicon Photovoltaic Products From the People's
Republic of China: Preliminary Results of Changed Circumstances
Reviews, and Intent To Revoke 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) preliminarily
determines that the antidumping duty (AD) and countervailing duty (CVD)
orders on crystalline silicon photovoltaic products (solar products)
from the People's Republic of China
[[Page 54994]]
(China) shall be revoked, in part, with respect to certain off-grid
portable small panels. Commerce invites interested parties to comment
on these preliminary results.
DATES: Applicable September 3, 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 changed
circumstances reviews 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 (SunPower), 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 no other comments regarding Maodi Solar's
request.
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\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 (Maodi Solar CCR Request).
\3\ See SunPower'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.
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On July 28, 2020, Commerce published the Initiation Notice of the
requested changed circumstances reviews.\4\ As we explained in the
Initiation Notice, we interpreted SunPower's statement of ``no
position'' to mean that it does not oppose the partial revocation
request.\5\ However, because SunPower did not indicate whether it
accounts for substantially all of the domestic production of solar
products, in the Initiation Notice we invited interested parties to
submit comments regarding industry support for the potential
revocation, in part, as well as comments and/or factual information
regarding the changed circumstances reviews.\6\ On August 7, 2020,
Maodi Solar submitted comments stating that if Commerce receives no
comments regarding industry support or no comments from the domestic
industry opposing the changed circumstances reviews, revocation of the
Orders, in part, is warranted.\7\ We received no other comments
regarding these changed circumstances reviews.
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\4\ See 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, 85 FR 45373
(July 28, 2020) (Initiation Notice).
\5\ Id., 85 FR at 45375.
\6\ Id. (inviting interested parties to submit comments within
ten days after publication and submit rebuttal comments within seven
days thereafter).
\7\ 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 Comments on Initiation of Changed
Circumstances Review,'' dated August 7, 2020 (Maodi Solar Comments).
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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 AD and CVD orders on crystalline
silicon photovoltaic cells, whether or not assembled into modules,
laminates and/or panels, from China.\8\
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\8\ 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).
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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.\9\
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\9\ See the Orders.
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Scope of Changed Circumstances Reviews
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: \10\
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\10\ See Maodi Solar CCR Request.
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[[Page 54995]]
(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.
Preliminary Results of Changed Circumstances Review, 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 order, in whole or in part, based on a review
under section 751(b) of the Act (i.e., a changed circumstances review).
Section 751(b)(1) of the Act requires a changed circumstances review 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 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)
Commerce's regulations provides that Commerce will conduct a changed
circumstances review under 19 CFR 351.216, and may revoke an order, in
whole or in part, if it concludes that (1) 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 (2) if other
changed circumstances sufficient to warrant revocation exist. Both the
Act and Commerce's regulations require that in order for Commerce to
revoke an order, in whole or in part, ``substantially all'' domestic
producers must express a lack of interest in the order.\11\ 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.\12\
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\11\ See 782(h) of the Act and 19 CFR 351.222(g).
\12\ 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).
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Commerce's regulations do not specify a deadline for the issuance
of the preliminary results of a changed circumstances review, but
provide that Commerce will issue the final results of review within 270
days after the date on which the changed circumstances review is
initiated.\13\ Commerce did not issue a combined notice of initiation
and preliminary results because, as discussed above, no party had
indicated whether SunPower accounts for substantially all domestic
production of solar product.\14\ Thus, Commerce did not determine in
the Initiation Notice that producers accounting for substantially all
of the production of the domestic like product lacked interest in the
continued application of the Orders as to the solar products under
consideration here. Further, Commerce requested that interested parties
comment on the issue of domestic industry support for a potential
partial revocation of the Orders.\15\ As discussed above, although
Maodi Solar submitted comments in response to the Initiation Notice, it
did not comment on whether it or SunPower account for substantially all
domestic production of solar products.\16\ Commerce therefore received
no comments on industry support. As a result, we find that the domestic
industry has expressed no opposition with respect to the proposed
revocation, in part, of the order.
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\13\ See 19 CFR 351.216(e).
\14\ See Initiation Notice.
\15\ Id.
\16\ See Maodi Solar Comments.
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As noted in the Initiation Notice, Maodi Solar requested revocation
of the Orders, in part, and supported its request. In light of Maodi
Solar's request, SunPower's lack of comments regarding the scope
exclusion language proposed by Maodi Solar, and the absence of any
comments from the domestic industry otherwise opposing these changed
circumstances reviews, we preliminarily conclude that changed
circumstances warrant revocation of the Orders, in part, because the
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 particular solar
products described above. We will consider comments from interested
parties on these preliminary results before issuing the final results
of these reviews.
Accordingly, we are notifying the public of our intent to revoke
the Orders, in part. We intend to carry out this revocation by
including the following exclusion language in the scope of each of the
Orders: \17\
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\17\ See Maodi Solar CCR Request.
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Excluded from the scope of these 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 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
[[Page 54996]]
junction box which includes a female USB-A connector.
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 changed circumstances reviews
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 review of the Orders, and which are
not covered by automatic liquidation. The most recently completed
administrative review of the AD order (A-570-010) was completed on June
14, 2019, and covered February 1, 2017 through January 31, 2018.\18\
Therefore, under this scenario, the partial revocation for merchandise
subject to the AD order would be applied retroactively to unliquidated
entries of merchandise entered or withdrawn from warehouse, for
consumption, on or after February 1, 2018. The most recently completed
administrative review of the CVD order (C-570-011) was completed on
October 23, 2019, and covered January 1, 2017 through December 31,
2017.\19\ Therefore, the partial revocation for merchandise subject to
the CVD order would be applied retroactively to unliquidated entries of
merchandise entered or withdrawn from warehouse, for consumption, on or
after January 1, 2018, as applicable.
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\18\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2017-2018, 84 FR 27764 (June 14, 2019).
\19\ See Certain Crystalline Silicon Photovoltaic Products from
the People's Republic of China: Final Results of Countervailing Duty
Administrative Review; 2017, 84 FR 56765 (October 23, 2019).
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Public Comment
Interested parties are invited to comment on these preliminary
results in accordance with 19 CFR 351.309(c)(1)(ii). Written comments
may be submitted no later than 14 days after the date of publication of
these preliminary results. Rebuttals to written comments, limited to
issues raised in such comments, may be filed no later than seven days
after the due date for comments. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\20\ All
submissions must be filed electronically using Enforcement and
Compliance's AD and CVD Centralized Electronic Service System
(ACCESS).\21\ 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.
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\20\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
\21\ See generally 19 CFR 351.303.
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Final Results of the Changed Circumstances Reviews
Commerce intends to issue the final results of these changed
circumstances reviews no later than 270 days after the date on which
these reviews were initiated. 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 AD
or CVD duties, and to refund any estimated AD or CVD duties, on all
unliquidated entries of the merchandise covered by the revocation that
are not covered by the final results of completed administrative
reviews or automatic liquidation. The current requirement for cash
deposits of estimated AD and CVD duties on all entries of subject
merchandise will continue unless they are modified pursuant to the
final results of these changed circumstances reviews.
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: August 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-19480 Filed 9-2-20; 8:45 am]
BILLING CODE 3510-DS-P