Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80861 

demonstrated that further violations 

were ‘‘imminent’’ within the meaning of 

15 CFR 766.24, and an order 

temporarily denying Respondent’s 

export privileges would be necessary to 

prevent them. 

B. Respondent’s Argument and 

Evidence Did Not Diminish BIS’ Case 

As stated above, Respondent must 

show there is no support for the finding 

the TDO is necessary to prevent an 

imminent violation of the EAR. 15 CFR 

766.24(e)(2). In his appeal, Respondent 

presented seven exhibits, one of which 

was a copy of the June 12, 2024, TDO 

(Ex. A); the remaining six exhibits were 

business records showing Respondent’s 

transfer of ownership in and resignation 

as director of Skywind, Hong Fan, and 

Lufeng. (Exs. B–G). With these exhibits 

as support, Respondent makes two 

arguments. He first argues a TDO is not 

necessary to prevent him from 

imminently violating the EAR because 

he is no longer an owner or director of 

Skywind, Hong Fan, and Lufeng. 

Specifically, Respondent argues the 

TDO ‘‘addresses alleged violations that 

occurred after February 2022,’’ and that 

Respondent ‘‘was divesting his 

ownership and resigning’’ from the 

companies during 2022 and 2023. 

(Appeal at Para. 14). Respondent asserts 

his ‘‘ownership of the companies is the 

only allegation that purportedly ties him 

to the alleged violations described in the 

TDO.’’ (Appeal at Para. 14). I am not 

persuaded. 

First, I note Respondent never 

challenged the truth of the allegations of 

the TDO, he merely distances himself 

from the conduct by stating he gave up 

ownership of two of the companies 

(Hong Fan and Lufeng) by June 2022. 

(Appeal at Paras. 15, 16). Respondent 

conveniently ignores his own exhibits, 

which show he was still director of the 

companies until November 14, 2022. 

(Exs. E, F). 

Respondent’s exhibits also show he 

remained in control, as owner and 

director, of Skywind until November 23, 

2023. (Ex. G). Despite Respondent’s 

claim that he relinquished control of 

Hong Fan and Lufeng by November 14, 

2022, BIS presented exhibits in its reply 

showing Respondent was listed as a 

beneficial owner of Hong Fan and 

Lufeng until at least September 6, 2023. 

(Exs. E, F; Exs. 1, 2). The TDO set forth 

numerous violations of the EAR 

committed by Skywind, Hong Fan, and 

Lufeng that occurred from May through 

November 2022, while Respondent was, 

by both his and BIS’ claims, owner and 

director of the companies. (Ex. A at 7– 

8). As the director and owner of these 

companies, it is reasonable to conclude 

an order proscribing Respondent’s 

export privileges is necessary to prevent 

future violations. 

Respondent alternatively argues even 

if he was in control of the companies 

while they were engaged in the illicit 

conduct, the TDO does not prove he 

‘‘was involved in or even knew about 

those events.’’ (Appeal at Para. 14). I 

find this argument unpersuasive. As 

owner and director of the companies, 

Respondent’s role imparts responsibility 

on him for the actions of the company. 

See Faour v. U.S. Dept. of Agriculture, 

985 F.2d 217 (5th Cir. 1993) (petitioner 

was responsibly connected to actions of 

company because he was an officer, 

director, and owner of stock during time 

that company committed repeated 

violations of the law). Respondent did 

not refute any allegations of violative 

conduct in the TDO, but instead only 

demonstrated he has executed 

paperwork to divest from the 

companies. In the absence of the TDO, 

nothing would prevent Respondent 

from creating new companies to engage 

in the same violative conduct. 

Wherefore, 

ORDER 

It is hereby recommended the 

Temporary Denial Order be affirmed. 

Done and dated September 4, 2024, at 

Houston, Texas 

The Hon. Tommy Cantrell, 

Administrative Law Judge, United States 

Coast Guard. 

Attachment A: Exhibit List 

Attachment A 

Respondent’s Exhibits 

Exhibit A: Temporary Denial Order 

issued Jun. 12, 2024 

Exhibit B: Company Particulars— 

Skywind International Limited 

Exhibit C: Company Particulars—Hong 

Fan Global Limited 

Exhibit D: Company Particulars—Lufeng 

Limited 

Exhibit E: Resignation and transfer 

instruments—Hong Fan 

Exhibit F: Resignation and transfer 

instruments—Lufeng 

Exhibit G: Resignation and transfer 

instruments—Skywind 

BIS Exhibits 

Exhibit 1: Sep. 6, 2023, email re: Hong 

Fan 

Exhibit 2: Sep. 6, 2023, email re: Lufeng 

Certificate of Service 

I hereby certify that I have transmitted 

the above document to the following 

persons, as indicated below: 

ALJ Docketing Center, U.S Custom 

House, Email: aljdocketcenter@

uscg.mil, Phone: (410) 962–5100, Sent 

by email 

Gregory Michelsen, Esq., Tristan de 

Vega, Esq., Office of Chief Counsel for 

BIS, U.S. Dept. of Commerce, Sent by 

email 

George Benaur, Esq., Benaur Law LLC, 

Sent by email 

Done and dated September 4, 2024, at 

Houston, Texas 

Ericka J. Pollard, 

Paralegal Specialist to The Hon. Tommy 

Cantrell Administrative Law Judge 

United States Coast Guard 

[FR Doc. 2024–22549 Filed 10–3–24; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–557–831] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From Malaysia: Preliminary 

Affirmative Countervailing Duty 

Determination and Alignment of Final 

Determination With Final Antidumping 

Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of crystalline 

silicon photovoltaic cells, whether or 

not assembled into modules (solar 

cells), from Malaysia. The period of 

investigation is January 1, 2023, through 

December 31, 2023. Interested parties 

are invited to comment on this 

preliminary determination. 

DATES: Applicable October 4, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Preston Cox or Scarlet Jaldin, AD/CVD 

Operations, Office VI, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–5041 or (202) 482–4275, 

respectively. 

SUPPLEMENTARY INFORMATION: 


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80862 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled into Modules, from 

Cambodia, Malaysia, Thailand, and the Socialist 

Republic of Vietnam: Initiation of Countervailing 

Duty Investigations, 89 FR 43816 (May 20, 2024) 

(Initiation Notice). 

2See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled into Modules, from 

Cambodia, Malaysia, Thailand, and the Socialist 

Republic of Vietnam: Postponement of Preliminary 

Determinations in the Countervailing Duty 

Investigations, 89 FR 55231 (July 3, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination in the 

Countervailing Duty Investigation of Crystalline 

Silicon Photovoltaic Cells, Whether or Not 

Assembled into Modules, from Malaysia,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Preliminary Decision Memorandum). 

5See Antidumping Duties; Countervailing Duties, 

Final Rule, 62 FR 27296, 27323 (May 19, 1997). 

6See Initiation Notice. 

7See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into Modules, from 

Cambodia, Malaysia, Thailand, and the Socialist 

Republic of Vietnam: Postponement of Preliminary 

Determinations in the Less-Than Fair-Value 

Investigations, 89 FR 77473 (September 23, 2024) 

(LTFV Preliminary Postponement). 

8The deadline for interested parties to submit 

scope case and rebuttal briefs will be established in 

the preliminary scope decision memorandum. 

9See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

10See sections 776(a) and (b) of the Act. 

11See Petitioner’s Letter, ‘‘Request to Align 

Countervailing Duty Investigation Final 

Determinations with Antidumping Duty 

Investigation Final Determinations,’’ dated 

September 23, 2024. 

12See LTFV Preliminary Postponement. 

Background 

This preliminary determination is 

made in accordance with section 703(b) 

of the Tariff Act of 1930, as amended 

(the Act). Commerce published the 

notice of initiation of this investigation 

on May 20, 2024.1 On July 3, 2024, 

Commerce postponed the preliminary 

determination of this investigation until 

September 23, 2024.2 On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.3

The deadline for the preliminary 

determination is now September 30, 

2024. 

For a complete description of the 

events that followed the initiation of 

this investigation, see the Preliminary 

Decision Memorandum.4 A list of topics 

discussed in the Preliminary Decision 

Memorandum is included as Appendix 

II to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://access.

trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Scope of the Investigation 

The product covered by this 

investigation is solar cells from 

Malaysia. For a complete description of 

the scope of this investigation, see 

Appendix I. 

Scope Comments 

In accordance with the Preamble to 

Commerce’s regulations,5 the Initiation 

Notice set aside a period of time for 

parties to raise issues regarding product 

coverage, (i.e., scope).6

We received several comments 

concerning the scope of this 

investigation, as well as in the 

companion less-than-fair-value (LTFV) 

and countervailing duty (CVD) 

investigations of solar cells, as it 

appeared in the Initiation Notice. We 

are currently evaluating the scope 

comments filed by interested parties. 

We intend to issue our preliminary 

decision regarding the scope of the 

LTFV and CVD investigations in the 

preliminary determinations of the 

companion LTFV investigations, the 

deadline for which is November 27, 

2024.7 We will incorporate the scope 

decisions from the LTFV investigations 

into the scope of the final CVD 

determination for this investigation after 

considering any relevant comments 

submitted in scope case and rebuttal 

briefs.8

Methodology 

Commerce is conducting this 

investigation in accordance with section 

701 of the Act. For each of the subsidy 

programs found countervailable, 

Commerce preliminarily determines 

that there is a subsidy, i.e., a financial 

contribution by an ‘‘authority’’ that 

gives rise to a benefit to the recipient, 

and that the subsidy is specific.9 For a 

full description of the methodology 

underlying our preliminary 

determination, see the Preliminary 

Decision Memorandum. 

In making these findings, Commerce 

relied, in part, on facts available and, 

because it finds that one or more 

respondents did not act to the best of 

their ability to respond to Commerce’s 

requests for information, it drew an 

adverse inference, where appropriate, in 

selecting from among the facts 

otherwise available.10 For further 

information, see the ‘‘Use of Facts 

Otherwise Available and Adverse 

Inferences’’ section in the Preliminary 

Decision Memorandum. 

Alignment 

In accordance with section 705(a)(1) 

of the Act and 19 CFR 351.210(b)(4), 

Commerce is aligning the final 

determination in this investigation with 

the final determination in the 

companion LTFV investigation of solar 

cells from Malaysia based on a request 

made by the petitioner.11 Consequently, 

the final CVD determination will be 

issued on the same date as the final 

LTFV determination, which is currently 

scheduled to be issued no later than 

February 10, 2025.12

All-Others Rate 

Sections 703(d) and 705(c)(5)(A) of 

the Act provide that in the preliminary 

determination, Commerce shall 

determine an estimated all-others rate 

for companies not individually 

examined. This rate shall be an amount 

equal to the weighted average of the 

estimated subsidy rates established for 

those companies individually 

examined, excluding any zero and de 

minimis rates and any rates based 

entirely under section 776 of the Act. 

In this investigation, Commerce 

calculated individual estimated 

countervailable subsidy rates for 

Hanwha Q CELLS Malaysia Sdn. Bhd. 

(Hanwha Q CELLS) and Jinko Solar 

Technology Sdn Bhd (Jinko Solar) that 

are not zero, de minimis, or based 

entirely on facts otherwise available. 

However, because publicly ranged sales 

values for all mandatory respondents 

are not on the record of this 

investigation, for the preliminary 

determination, we are unable to weight 

average the subsidy rates of Hanwha Q 

CELLS and Jinko Solar derive an 

estimated all-others rate for companies 

not individually examined. Therefore, 

we calculated a simple average of the 

subsidy rates calculated for Hanwha Q 

CELLS and Jinko Solar for application to 

the all-others rate. 

Rate for Non-Responsive Companies 

Three exporters and/or producers of 

solar cells from Malaysia (Baojia New 

Energy, Pax Union Resources SDN BHD, 

and SunMax Energy SDN BHD, 

collectively, the non-responsive 

companies) did not respond to 

Commerce’s quantity and value (Q&V) 

questionnaire. We find that, by not 

responding to the Q&V questionnaire, 

these companies withheld requested 

information and significantly impeded 


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13See 19 CFR 351.309(d); see also 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). 

14See 19 351.309(c)(2) and (d)(2). 

15We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

16See APO and Service Final Rule. 

this proceeding. Thus, in reaching our 

preliminary determination, pursuant 

sections 776(a)(2)(A) and (C) of the Act, 

we are basing the CVD subsidy rate for 

the non-responsive companies on facts 

otherwise available. 

In addition, we preliminary determine 

that an adverse inference is warranted, 

pursuant to section 776(b) of the Act. By 

failing to submit responses to 

Commerce’s Q&V questionnaire, these 

companies did not cooperate to the best 

of their ability in this investigation. 

Accordingly, we preliminarily find that 

an adverse inference is warranted to 

ensure that the non-responsive 

companies will not obtain a more 

favorable result than had they fully 

complied with our request for 

information. For more information on 

the application of adverse facts 

available, see ‘‘Use of Facts Otherwise 

Available and Adverse Inferences’’ in 

the Preliminary Decision Memorandum. 

Preliminary Determination 

Commerce preliminarily determines 

that the following estimated 

countervailable subsidy rates exist: 

Company 

Subsidy 

rate 

(percent 

ad valorem) 

Hanwha Q CELLS Malaysia 

Sdn. Bhd ............................... 14.72 

Jinko Solar Technology Sdn 

Bhd and its cross-owned 

companies: Jinko Solar (Malaysia) Sdn. Bhd. and Omega 

Solar Sdn. Bhd ...................... 3.47 

Baojia New Energy ................... * 123.94 

Pax Union Resources SDN 

BHD ....................................... * 123.94 

SunMax Energy SDN BHD ...... * 123.94 

All Others .................................. 9.13 

* Rate based on facts available with adverse 

inferences. 

Suspension of Liquidation 

In accordance with section 

703(d)(1)(B) and (d)(2) of the Act, 

Commerce will direct U.S. Customs and 

Border Protection (CBP) to suspend 

liquidation of entries of subject 

merchandise as described in Appendix 

I of this notice entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of this 

notice in the Federal Register. Further, 

pursuant to 19 CFR 351.205(d), 

Commerce will instruct CBP to require 

a cash deposit equal to the rates 

indicated above. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed in 

this preliminary determination to 

interested parties within five days of its 

public announcement of the preliminary 

determination, or if there is no public 

announcement, within five days of the 

date of publication of this notice in the 

Federal Register, in accordance with 19 

CFR 351.224(b). 

Consistent with 19 CFR 351.224(e), 

Commerce will analyze and, if 

appropriate, correct any timely 

allegations of significant ministerial 

errors by amending the preliminary 

determination. However, consistent 

with 19 CFR 351.224(d), Commerce will 

not consider incomplete allegations that 

do not address the significance standard 

under 19 CFR 351.224(g), following the 

preliminary determination. Instead, 

Commerce will address such allegations 

in the final determination together with 

issues raised in the case briefs or other 

written comments. 

Verification 

As provided in section 782(i)(1) of the 

Act, Commerce intends to verify the 

information relied upon in making its 

final determination. 

Public Comment 

All interested parties will have the 

opportunity to submit scope case and 

rebuttal briefs on the preliminary 

decision regarding the scope of the CVD 

and LTFV investigations. The deadlines 

to submit scope case and rebuttal briefs 

will be provided in the preliminary 

scope decision memorandum. For all 

scope case and rebuttal briefs, parties 

must file identical documents 

simultaneously on the records of the 

ongoing CVD and LTFV investigations. 

No new factual information or business 

proprietary information may be 

included in either scope case or rebuttal 

briefs. 

Case briefs or other written comments 

not related to the scope of this 

investigation may be submitted to the 

Assistant Secretary for Enforcement and 

Compliance no later than seven days 

after the date on which the last 

verification report is issued in this 

investigation. A timeline for the 

submission of case briefs and written 

comments will be notified to interested 

parties at a later date. Rebuttal briefs, 

limited to issues raised in the case 

briefs, may be filed not later than five 

days after the date for filing case 

briefs.13 Interested parties who submit 

case briefs or rebuttal briefs in this 

proceeding must submit: (1) a table of 

contents listing each issue; and (2) a 

table of authorities.14

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 

investigation, we instead request that 

interested parties provide at the 

beginning of their briefs a public, 

executive summary for each issue raised 

in their briefs.15 Further, we request that 

interested parties limit their public, 

executive summary of each issue to no 

more than 450 words, not including 

citations. We intend to use the public, 

executive summaries as the basis of the 

comment summaries included in the 

issues and decision memorandum that 

will accompany the final determination 

in this investigation. We request that 

interested parties include footnotes for 

relevant citations in the public, 

executive summary of each issue. Note 

that Commerce has amended certain of 

its requirements pertaining to the 

service of documents in 19 CFR 

351.303(f).16

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, U.S. Department of 

Commerce within 30 days after the date 

of publication of this notice in the 

Federal Register. Requests should 

contain the party’s name, address, and 

telephone number, the number of 

participants, whether any participant is 

a foreign national, and a list of the 

issues to be discussed. If a request for 

a hearing is made, Commerce intends to 

hold the hearing at a time and date to 

be determined. Parties should confirm 

by telephone the date, time, and 

location of the hearing two days before 

the scheduled date. 

U.S. International Trade Commission 

Notification 

In accordance with section 703(f) of 

the Act, Commerce will notify the U.S. 

International Trade Commission (ITC) of 

its determination. If the final 

determination is affirmative, the ITC 

will determine before the later of 120 

days after the date of this preliminary 

determination or 45 days after the final 

determination whether imports of solar 


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80864 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

cells from Malaysia are materially 

injuring, or threaten material injury to, 

the U.S. industry. 

Notification to Interested Parties 

This determination is issued and 

published pursuant to sections 703(f) 

and 777(i) of the Act and 19 CFR 

351.205(c). 

Dated: September 30, 2024. 

Ryan Majerus, 

Deputy Assistant Secretary for Policy and 

Negotiations, performing the non-exclusive 

functions and duties of the Assistant 

Secretary for Enforcement and Compliance. 

Appendix I 

Scope of the Investigation 

The merchandise covered by this 

investigation 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. 

This investigation covers 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, buildingintegrated 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 investigation. 

Excluded from the scope of the 

investigation 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 

investigation 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 investigation 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 

investigation 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 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 investigation: 

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 

square centimeters (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 twoport rectangular 

connector. 

Additionally excluded from the scope of 

this investigation 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 8 mm diameter 

male barrel connector. 

Also excluded from the scope of this 

investigation 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 twoport connector; and (I) 

include exposed positive and negative 

terminals at opposite ends of the panel, not 

enclosed in a junction box. 

Modules, laminates, and panels produced 

in a third-country from cells produced in a 

subject country are covered by the 

investigation; however, modules, laminates, 

and panels produced in a subject country 

from cells produced in a third-country are 

not covered by the investigation. 

Also excluded from the scope of this 

investigation are all products covered by the 

scope of the antidumping and countervailing 

duty orders on 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); 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). 

Merchandise covered by the investigation 

is currently classified in the Harmonized 

Tariff System of the United States (HTSUS) 

under subheadings 8541.42.0010 and 

8541.43.0010. Imports of the subject 

merchandise may enter under HTSUS 

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, and 

8507.20.8091. These HTSUS subheadings are 

provided for convenience and customs 

purposes; the written description of the 

scope of the investigation is dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope Comments 

IV. Injury Test 

V. Use of Facts Available and Adverse 

Inferences 

VI. Subsidies Valuation Information 

VII. Benchmarks and Interest Rates 

VIII. Analysis of Programs 

IX. Recommendation 

[FR Doc. 2024–22997 Filed 10–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 


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