[Federal Register Volume 85, Number 114 (Friday, June 12, 2020)]
[Notices]
[Pages 35902-35904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12745]
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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: 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 Memory Experts Inc., dba
PowerTraveller (Memory Experts), the Department of Commerce (Commerce)
is initiating changed circumstances reviews to consider the possible
revocation, in part, of the antidumping duty (AD) and countervailing
duty (CVD) orders on crystalline silicon photovoltaic products from the
People's Republic of China (China) with respect to certain off-grid
portable small panels.
DATES: Applicable June 12, 2020.
FOR FURTHER INFORMATION CONTACT: Thomas Hanna, AD/CVD Operations,
Office IV, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0835.
SUPPLEMENTARY INFORMATION:
Background
On February 18, 2015, Commerce published AD and CVD orders on
certain crystalline silicon photovoltaic products from China.\1\ On
March 16, 2020, Memory Experts, an importer of the subject merchandise,
requested, through changed circumstances reviews, revocation of the
Solar Products Orders with respect to certain off-grid portable small
panels pursuant to section 751(b)(1) of the Tariff Act of 1930, as
[[Page 35903]]
amended (the Act) and 19 CFR 351.216(b).\2\ On April 13, 2020, Hanwha Q
CELL USA, Inc. (Q CELL USA) and SunPower Manufacturing Oregon, LLC
(SPMOR), U.S. producers of the domestic like product, submitted letters
stating that they did not oppose the partial revocation proposed by
Memory Experts.\3\ On April 21, 2020, we issued a letter to Memory
Experts noting that its changed circumstances reviews request lacked
certain information required for Commerce to consider the request.\4\
On May 1, 2020, Memory Experts amended its request for changed
circumstances reviews by providing the required information.\5\
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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) (Solar
Products Orders).
\2\ See Memory Experts' Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules From the
People's Republic of China; Memory Experts Inc., dba
PowerTraveller's Request for a Changed Circumstances Review,'' dated
March 16, 2020.
\3\ See Q CELL USA Inc.'s Letter, ``Crystalline Silicon
Photovoltaic Cells, Whether or Not Assembled into Modules From the
People's Republic of China; Hanwha Q CELL USA, Inc.'s Comments on
Memory Experts Inc.'s Request for a Changed Circumstances Review,''
dated April 13, 2020; see also SunPower Manufacturing Oregon, LLC's
Letter, ``Certain Crystalline Silicon Photovoltaic Products From the
People's Republic of China; SPMOR Comments on Memory Experts Inc.'s
Request for a Changed Circumstances Review,'' dated April 13, 2020.
\4\ See Commerce's Letter, ``Crystalline Silicon Photovoltaic
Products From the People's Republic of China: Supplemental
Questionnaire,'' dated April 21, 2020.
\5\ See Memory Experts' Letter, ``Supplemental Questionnaire
Response of Memory Experts Inc., dba PowerTraveller,'' dated May 1,
2020.
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Scope of the Solar Products 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.\6\
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\6\ 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); 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.\7\
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\7\ See Solar Products Orders.
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Proposed Revocation of the Solar Products Orders
Memory Experts proposes that the Solar Products Orders be revoked,
in part, with respect to certain off-grid portable small panels.
Specifically, Memory Experts proposes revoking the Solar Products
Orders with respect to the solar panels described below:
(1) Off-grid crystalline silicon photovoltaic panels without a
glass cover with the following characteristics:
(a) Total power output of 500 watts or less per panel;
(b) Maximum surface area of 8,000 cm\2\ per panel;
(c) Unit does not include a built-in inverter;
(d) Unit has visible parallel grid collector metallic wire lines
every 2-40 millimeters across each solar panel (depending on model);
(e) Solar cells are encased in laminated frosted PET material
without stitching; \8\
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\8\ Although the polyester material has stitching on the
perimeter of the unit, the cells are not stitched into the PET
material.
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(f) The panel is encased in polyester fabric with visible
stitching which includes a Velcro-type storage pocket and unit
closure, or encased within a Neoprene clamshell (depending on
model);
(g) Includes LED indicator.
Initiation of Changed Circumstances Reviews, and Consideration of
Revocation of the Solar Products Orders in Part
Pursuant to section 751(b) of the Act, Commerce will conduct a
changed circumstances review upon receipt of a request from an
interested party \9\ 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 Memory Experts,
and the domestic producers' affirmative statements of no interest in
the Solar Products Orders with respect to the products described by
Memory Experts, constitute a sufficient basis to conduct changed
circumstances reviews of the Solar Products Orders.
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\9\ Memory Experts reported in its March 16, 2020, request for
changed circumstances reviews that it is an importer of solar
panels. As such, Memory Experts is an interested party pursuant to
19 CFR 351.102(b)(29).
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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
[[Page 35904]]
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.\10\
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\10\ 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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The domestic producers state that they do not oppose the partial
revocation request; however, because neither domestic party indicated
whether it accounts for substantially all of the domestic production of
crystalline silicon photovoltaic 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 Solar Products
Orders, as explained below. After examining comments, if any,
concerning domestic industry support, we will issue the preliminary
results of these changed circumstances reviews.
Public Comment
Interested parties are invited to provide comments and/or factual
information regarding these changed circumstances reviews, 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.\11\ Note that Commerce has modified certain of
its requirements for serving documents containing business proprietary
information, until July 17, 2020, unless extended.\12\ All submissions
must be filed electronically using Enforcement and Compliance's AD and
CVD Centralized Electronic Service System (ACCESS).\13\ 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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\11\ Submissions of rebuttal factual information must comply
with 19 CFR 351.301(b)(2).
\12\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 29615 (May 18,
2020).
\13\ See generally 19 CFR 351.303.
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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 changed circumstances reviews
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 changed circumstances reviews in
accordance with the time limits set forth in 19 CFR 351.216(e).
This initiation notice is published in accordance with section
751(b)(1) of the Act and 19 CFR 351.221(b)(1).
Dated: June 5, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-12745 Filed 6-11-20; 8:45 am]
BILLING CODE 3510-DS-P