[Federal Register Volume 83, Number 244 (Thursday, December 20, 2018)]
[Notices]
[Pages 65344-65347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27533]


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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: Final Results of 
Changed Circumstances Reviews, and Revocation of the Antidumping and 
Countervailing Duty Orders, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is revoking, in part, 
the antidumping duty (AD) and countervailing duty (CVD) orders on 
crystalline silicon photovoltaic cells, whether or not assembled into 
modules, from the People's Republic of China (China) (Orders) with 
respect to certain off-grid solar panels based on a lack of interest in 
the relief provided by the Orders with respect to those products.

DATES: Applicable December 20, 2018.

FOR FURTHER INFORMATION CONTACT: Eli Lovely, 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) 482-1593.

SUPPLEMENTARY INFORMATION

Background

    On December 7, 2012, Commerce published AD and CVD orders on 
certain crystalline silicon photovoltaic cells, whether or not 
assembled into modules, from China.\1\ On April 17, 2018, Goal Zero, 
LLC (Goal Zero), an importer of the subject merchandise, requested 
changed circumstances reviews (CCRs) and revocation, in part, of the 
Orders, pursuant to section 751(b)(1) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.216(b), with respect to certain off-
grid solar panels.\2\
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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) (AD Order) 
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) (CVD Order) 
(collectively, Orders).
    \2\ See Goal Zero's Letter, ``Goal Zero LLC's Request for a 
Changed Circumstances Review,'' (Goal Zero's Request) dated April 
17, 2018.
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    On July 20, 2018, Commerce published the Initiation Notice for the 
requested CCRs in the Federal Register.\3\ On August 20, 2018, Commerce 
published the preliminary results of these CCRs, in which it found that 
producers accounting for substantially all of the production of the 
domestic like product to which the Orders pertain lack interest in the 
relief afforded by the Orders with respect to certain off-grid solar 
panels.\4\
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    \3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, 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, 83 FR 34542 (July 20, 2018) (Initiation Notice).
    \4\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China: 
Preliminary Results of Changed Circumstances Reviews, and 
Consideration of Revocation of the Antidumping and Countervailing 
Duty Orders, in Part, 83 FR 42112, dated August 20, 2018.
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    On September 4, 2018, Goal Zero and the petitioner \5\ requested 
that partial revocation of the Orders be applied retroactively starting 
January 1, 2015 for purposes of the CVD Order, and December 1, 2015 for 
purposes of the AD Order.\6\
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    \5\ The petitioner is SolarWorld Americas, Inc.
    \6\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China; Goal 
Zero LLC's Comments on the Preliminary Results of the Changed 
Circumstances Review, dated September 4, 2018; see also SolarWorld's 
submission: ``Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Comments on Preliminary Results of the Goal Zero LLC Changed 
Circumstances Reviews,'' dated September 4, 2018.
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Final Results of Changed Circumstances Reviews, and Revocation of the 
Orders, In Part

    Because no party submitted comments opposing the preliminary 
results of these CCRs, and the record contains no other information or 
evidence that calls into question the preliminary results, Commerce 
determines, pursuant to sections 751(d)(1) and 782(h) of the Act, and 
19 CFR 351.222(g), that there are changed circumstances that warrant 
revocation of the Orders, in part. Specifically, 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 certain off-grid solar panels as 
described below, we are revoking the Orders, in part, with respect to 
the following:

    (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;

[[Page 65345]]

    (D) must include a permanently connected wire that terminates in 
either an 8mm 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.\7\
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    \7\ See Goal Zero's Letter, ``Goal Zero LLC's Comments Regarding 
the Proposed Scope of the Changed Circumstances Reviews,'' dated 
July 9, 2018 at 10-11.

    The scope description below includes this exclusion language.

Scope of the Antidumping and Countervailing Duty Orders on Certain 
Crystalline Silicon Photovoltaic Cells From the People's Republic of 
China

    The merchandise covered by the 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.
    The 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 10,000mm\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 Orders 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 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 cm\2\ per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
either an 8mm 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.\8\
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    \8\ See Goal Zero's Letter, ``Goal Zero LLC's Comments Regarding 
the Proposed Scope of the Changed Circumstances Reviews,'' dated 
July 9, 2018 at 10-11.

    Modules, laminates, and panels produced in a third-country from 
cells produced in the PRC are covered by the Orders; however, modules, 
laminates, and panels produced in the PRC from cells produced in a 
third-country are not covered by the Orders.
    Merchandise covered by the Orders is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under subheadings 
8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000. 
These HTSUS subheadings are provided for convenience and customs 
purposes; the written description of the scope of the Orders is 
dispositive.\9\
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    \9\ See AD Order, 77 FR at 73018-73019; CVD Order, 77 FR at 
73017 (footnote omitted); Crystalline Silicon Photovoltaic Cells, 
Whether or Not Assembled Into Modules, From the People's Republic of 
China: Final Results of Changed Circumstances Reviews, and 
Revocation of Antidumping and Countervailing Duty Orders, in Part, 
83 FR 2618 (excluding certain panels with surface area from 3,450 
mm\2\ to 33,782 mm\2\).
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Application of the Final Results of These Reviews

    Goal Zero and the petitioner have requested retroactive application 
of the final results of these reviews starting January 1, 2015 for 
purposes of the CVD Order, and December 1, 2015 for purposes of the AD 
Order.\10\ Section 751(d)(3) of the Act provides that {a{time}  
determination under this section to revoke an order . . . shall apply 
with respect to unliquidated entries of the subject merchandise which 
are entered, or withdrawn from warehouse, for consumption on or after 
the date determined by the administering

[[Page 65346]]

authority.'' Consistently, Commerce's general practice is to instruct 
U.S. Customs and Border Protection (CBP) to liquidate without regard to 
antidumping and countervailing duties, and to refund any estimated 
antidumping and countervailing duties, on all unliquidated entries of 
the merchandise covered by a revocation that are not covered by the 
final results of an administrative review or automatic liquidation.\11\
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    \10\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China; Goal 
Zero LLC's Comments on the Preliminary Results of the Changed 
Circumstances Review, dated September 4, 2018 (Goal Zero Comments); 
see also SolarWorld's submission: ``Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled into Modules, from the People's 
Republic of China: Comments on Preliminary Results of the Goal Zero 
LLC Changed Circumstances Reviews,'' dated September 4, 2018.
    \11\ See e.g., Certain Pasta From Italy: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation, In 
Part, 76 FR 27634 (May 12, 2011); Stainless Steel Bar From the 
United Kingdom: Notice of Final Results of Changed Circumstances 
Review and Revocation of Order, in Part, 72 FR 65706 (November 23, 
2007); Notice of Final Results of Antidumping Duty Changed 
Circumstances Review and Revocation of Order In Part: Certain 
Corrosion-Resistant Carbon Steel Flat Products from Germany, 71 FR 
66163 (November 13, 2006); Notice of Final Results of Antidumping 
Duty Changed Circumstances Reviews and Revocation of Orders in Part: 
Certain Corrosion-Resistant Carbon Steel Flat Products From Canada 
and Germany, 71 FR 14498 (March 22, 2006); Notice of Final Results 
of Antidumping Duty Changed Circumstances Review, and Determination 
to Revoke Order in Part: Certain Cased Pencils from the People's 
Republic of China, 68 FR 62428 (November 4, 2003).
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    Commerce has exercised its discretion and deviated from this 
general practice if the particular facts of a case have implications 
for the effective date of the partial revocation selected by 
Commerce.\12\ Specifically, when selecting the effective date for 
partial revocation, Commerce has considered factors such as the 
effective date proposed by the petitioner (and/or the effective date 
agreed to by all parties),\13\ the existence of unliquidated entries 
dating back to the requested effective date,\14\ whether an interested 
party requested the effective date of the revocation,\15\ and whether 
the requested effective date creates potential administrability issues 
(e.g., the products covered by the partial revocation are in the sales 
database used in the dumping margin calculations for a completed 
administrative review with a period of review (POR) that overlaps with 
the date requested).\16\
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    \12\ See section 751(d)(3) of the Act; Itochu Building Products 
v. United States, Court No. 11-00208, Slip Op. 14-37 (CIT 2014) 
(Itochu Bldg. Prod) (CIT April 8, 2014) at 12 (``The statutory 
provision, as discussed above, provides Commerce with discretion in 
the selection of the effective date for a partial revocation 
following a changed circumstances review, but that discretion may 
not be exercised arbitrarily so as to decide the question presented 
without considering the relevant and competing considerations.'').
    \13\ See, e.g., Carbon and Certain Alloy Steel Wire Rod from 
Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and 
Ukraine: Final Results of Changed Circumstances Review, 68 FR 64079 
(November 12, 2003); Stainless Steel Hollow Products from Sweden; 
Termination of Antidumping Duty Administrative Reviews, Final 
Results of Changed Circumstances Antidumping Duty Administrative 
Review, and Revocation In Part of Antidumping Duty Order, 60 FR 
42529 (August 16, 1995).
    \14\ See Steel Wire Garment Hangers From the People's Republic 
of China: Final Results of Changed Circumstances Review, and 
Revocation in Part of Antidumping Duty Order (Steel Hangers), 74 FR 
50956 (October 2, 2009); Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, and Determination To Revoke Order in 
Part: Certain Cased Pencils from the People's Republic of China 
(Cased Pencils), 71 FR 13352 (March 15, 2006); Stainless Steel Sheet 
and Strip in Coils from Japan: Final Results of Changed Circumstance 
Antidumping Duty Review, and Determination To Revoke Order in Part 
(Stainless Sheet and Strip), 65 FR 77578 (December 12, 2000).
    \15\ See Large Newspaper Printing Presses and Components 
Thereof, Whether Assembled or Unassembled, from Japan: Final Results 
of Changed Circumstances Antidumping Duty Administrative Review and 
Intent To Revoke Antidumping Duty Order, In Part, 64 FR 72315 
(December 27, 1999).
    \16\ See Itochu Bldg. Prod., Slip Op. 14-37 at 3.
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    On September 4, 2018, Goal Zero requested retroactive application 
of the final results of these reviews starting January 1, 2015 for 
purposes of the CVD Order, and December 1, 2015 for purposes of the AD 
Order, and the petitioner agreed to Goal Zero's request.\17\ Goal Zero 
claims that there are unliquidated entries corresponding to the 2015-
2016 reviews.\18\ Goal Zero notes that the final results for the 
administrative review of the CVD Order covering the review period 
January 1 through December 31, 2015, and the final results for the 
administrative review of the AD Order covering the period December 1, 
2015 through November 30, 2016, are being challenged by the petitioner 
before the Court of International Trade (CIT).\19\ However, entries of 
subject merchandise overlapping with the AD administrative review 
covering the period December 1, 2015 through November 30, 2016, and 
which were not liquidated pursuant to automatic liquidation 
instructions,\20\ are either encompassed by Commerce's August 21, 2018 
liquidation instructions to CBP or enjoined from liquidation by 
statutory injunctions entered by the CIT.\21\ Similarly, entries of 
subject merchandise overlapping with the CVD administrative review 
covering the period January 1, 2015 through December 31, 2015, and 
which were not liquidated pursuant to automatic liquidation 
instructions,\22\ are enjoined from liquidation by statutory 
injunctions entered by the CIT.\23\ Entries of merchandise enjoined 
from liquidation by the court may not be subject to Commerce's partial 
revocation of the order and subsequent instructions to CBP, and because 
their liquidation is enjoined, they are set to be liquidated in 
accordance with the final court decision.\24\
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    \17\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, From the People's Republic of China; Goal 
Zero LLC's Comments on the Preliminary Results of the Changed 
Circumstances Review, dated September 4, 2018; see also SolarWorld's 
submission: ``Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled into Modules, from the People's Republic of China: 
Comments on Preliminary Results of the Goal Zero LLC Changed 
Circumstances Reviews'', dated September 4, 2018.
    \18\ See Goal Zero Comments at 11.
    \19\ Id. at 12.
    \20\ See Message Numbers 7067302 and 7065306.
    \21\ See Message Number 8233301 instructing CBP to assess an 
antidumping liability for various exporters of subject merchandise, 
including ERA Solar Co., Ltd., for the period December 1, 2015 
through November 30, 2016. See also Message Number 8269301 
instructing CBP with regard to the statutory injunction issued in 
connection with court number 18-00189 and Message Numbers 8240315 
and 8240316 instructing CBP with regard to the statutory injunction 
issued in connection with court number 18-00176.
    \22\ See Message Number 7058306.
    \23\ See Message Numbers 8269331, 8264303, and 8243306 
instructing CBP with regard to the statutory injunctions issued in 
connection with court numbers 18-00184, 18-00185, 18-00186. On 
August 15, 2018, Commerce instructed CBP to liquidate modules 
produced in third countries from crystalline silicon photovoltaic 
cells produced in China. See Message Number 8227315.
    \24\ See sections 516A(c)(2) and (e) of the Act.
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    We find that legal and administrability issues are presented by 
using the effective dates suggested by the interested parties. 
Accordingly, we are exercising our discretion, based on the particular 
circumstances in these CCRs, to make the effective dates January 1, 
2016, for purposes of the CVD Order and December 1, 2016, for purposes 
of the AD Order.

Instructions to U.S. Customs and Border Protection

    Because we determine that there are changed circumstances that 
warrant the revocation of the Orders, in part, we will instruct CBP to 
liquidate without regard to antidumping and countervailing duties, and 
to refund any estimated antidumping and countervailing duties on, all 
unliquidated entries of the merchandise covered by this partial 
revocation on or after January 1, 2016, for purposes of the CVD Order, 
and on or after December 1, 2016, for purposes of the AD Order.

Notification to Interested Parties

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply

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with the regulations and terms of an APO is a sanctionable violation.
    We are issuing and publishing these final results and revocation, 
in part, and notice 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: December 13, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-27533 Filed 12-19-18; 8:45 am]
BILLING CODE 3510-DS-P