80866 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

10See 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). 

11See 19 351.309(c)(2) and (d)(2). 

12We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 13See APO and Service Final Rule. 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice 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. 

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 the scope 

of the investigation 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withdrawn from warehouse, for 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. 

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 

Case briefs or other written comments 

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. 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.10 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.11

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.12 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 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).13

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. 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. All submissions, 

including case and rebuttal briefs, as 

well as hearing requests, should be filed 

using ACCESS. An electronically-filed 

document must be received successfully 

in its entirety by ACCESS by 5:00 p.m. 

Eastern Time on the established 

deadline. 

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 

grinding media from India 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 scope of this investigation covers 

chrome cast iron grinding media in spherical 

(ball) or ovoid shape, with an alloy 

composition of seven percent or more (≥ 7 

percent of total mass) chromium (Cr) content 

and produced through the casting method, 

with a nominal diameter of up to 127 

millimeters (mm) and tolerance of plus or 

minus 10 mm. The products covered by the 

scope are currently classified under 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheading 7325.91.0000. 

This HTSUS subheading is provided for 

convenience and U.S. Customs purposes 

only. The written description of the scope is 

dispositive. 

Appendix II 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Injury Test 

IV. Subsidies Valuation 

V. Loan Benchmarks and Interest Rates 

VI. Analysis of Programs 

VII. Recommendation 

[FR Doc. 2024–22996 Filed 10–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–552–842] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the Socialist Republic 

of Vietnam: Preliminary Affirmative 

Countervailing Duty Determination, 

Preliminary Affirmative Critical 

Circumstances Determination, in Part, 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80867 

1See Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled into Modules, from 

Cambodia, Malaysia, Thailand, and the Socialist 

Republic of Vietnam, 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 Determination of the 

Countervailing Duty Investigation of Crystalline 

Silicon Photovoltaic Cells, Whether or Not 

Assembled into Modules from the Socialist 

Republic of Vietnam’’ 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. 

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 the Socialist Republic of 

Vietnam (Vietnam). 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: 

Frank Schmitt or Amber Hodak, 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) 482–4880 or (202) 482–8034, 

respectively. 

SUPPLEMENTARY INFORMATION: 

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 

Vietnam. 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. 

Preliminary Affirmative Determination 

of Critical Circumstances, in Part 

In accordance with section 703(e)(1) 

of the Act, Commerce preliminarily 

determines that critical circumstances 

do not exist with respect to imports of 

solar cells from Vietnam for Boviet Solar 

Technology Co., Ltd. (Boviet Solar) and 

JA Solar Vietnam Company Limited 

(JAVN). However, Commerce 

preliminarily determines that critical 

circumstances exist with respect to 

imports of solar cells from Vietnam 

from: (1) GEP New Energy Viet Nam 

Company Limited; (2) Vietnam Green 

Energy Commercial Services Company 

Ltd.; (3) Shengtian New Energy Vina 

Co., Ltd; and (4) HT Solar Vietnam 

Limited Company. Commerce also 

preliminarily determines that critical 

circumstances exist with respect to 

imports from all other producers and 

exporters that enter subject merchandise 

under the All Others subsidy rate. For 

a full description of the methodology 

and results of Commerce’s analysis, see 

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 Vietnam 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


khammond on DSKJM1Z7X2PROD with NOTICES
80868 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

13As discussed in the Preliminary Decision 

Memorandum, Commerce has found the following 

companies to be cross-owned with JA Solar 

Vietnam Company Limited: JA Solar PV Vietnam 

Company Limited; JA Solar NE Vietnam Company 

Limited. 

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 

preliminarily found a de minimis rate 

for Boviet Solar. Therefore, the only rate 

that is not zero, de minimis or based 

entirely on facts otherwise available is 

the rate calculated for JAVN. 

Consequently, the rate calculated for 

JAVN is also assigned as the rate for all 

other producers and exporters. 

Rate for Non-Responsive Companies 

Four exporters and/or producers of 

solar cells from Vietnam did not 

respond to Commerce’s quantity and 

value (Q&V) questionnaires (i.e., nonresponsive companies). We find that, by 

not responding to the Q&V 

questionnaire, these companies 

withheld requested information and 

significantly impeded 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 these 

four non-responsive companies on facts 

otherwise available. 

Further, we preliminarily 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, the 

non-responsive 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 if 

they had fully complied with our 

request for information. For more 

information on the application of 

adverse facts available to the nonresponsive companies, 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: 13

Company 

Subsidy 

rate 

(percent 

ad valorem) 

Boviet Solar Technology 

Co., Ltd ......................... ** 0.81 

JA Solar Vietnam Company Limited; JA Solar 

PV Vietnam Company 

Limited; JA Solar NE 

Vietnam Company Limited ................................ 2.85 

GEP New Energy Viet 

Nam Company Limited * 292.61 

Vietnam Green Energy 

Commercial Services 

Company Ltd ................. * 292.61 

Shengtian New Energy 

Vina Co., Ltd ................. * 292.61 

HT Solar Vietnam Limited 

Company ....................... * 292.61 

All Others .......................... 2.85 

* Rate based on facts available with adverse 

inferences. 

** De minimis. 

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 the scope 

of the investigation section 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. Because the 

subsidy rate for the Boviet Solar is de 

minimis, Commerce is directing CBP not 

to suspend liquidation of entries of the 

merchandise from this company. 

Section 703(e)(2) of the Act provides 

that, given an affirmative determination 

of critical circumstances, any 

suspension of liquidation shall apply to 

unliquidated entries of merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the later of: 

(a) the date which is 90 days before the 

date on which the suspension of 

liquidation was first ordered; or (b) the 

date on which notice of initiation of the 

investigation was published. Commerce 

preliminarily finds that critical 

circumstances exist for imports of 

subject merchandise produced and/or 

exported by: (1) GEP New Energy Viet 

Nam Company Limited; (2) Vietnam 

Green Energy Commercial Services 

Company Ltd.; (3) Shengtian New 

Energy Vina Co., Ltd; (4) HT Solar 

Vietnam Limited Company; and, from 

all other producers and exporters whose 

imports enter under the all others 

subsidy rate. In accordance with section 

703(e)(2)(A) of the Act, the suspension 

of liquidation shall apply to 

unliquidated entries of merchandise 

from the exporters/producers identified 

in this paragraph that were entered, or 

withdrawn from warehouse, for 

consumption on or after the date which 

is 90 days before the publication of this 

notice. 

Disclosure 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties in this preliminary 

determination within five days of its 

public announcement, or if there is no 

public announcement, within five days 

of the date of this notice 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 the 

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. Rebuttal briefs, limited to 

issues raised in the case briefs, may be 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 80869 

14See 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). 

15See 19 351.309(c)(2) and (d)(2). 

16We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

17See APO and Service Final Rule. 

filed not later than five days after the 

date for filing case briefs.14 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.15

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.16 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).17

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. 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 

cells from Vietnam 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 


khammond on DSKJM1Z7X2PROD with NOTICES
80870 Federal Register / Vol. 89, No. 193 / Friday, October 4, 2024 / Notices 

1See Certain Alkyl Phosphate Esters from the 

People’s Republic of China: Initiation of 

Countervailing Duty Investigation, 89 FR 43821 

(May 20, 2024) (Initiation Notice). 

2See Alkyl Phosphate Esters from the People’s 

Republic of China: Postponement of Preliminary 

Determination in the Countervailing Duty 

Investigation, 89 FR 55585 (July 5, 2024). 

3See Memorandum, ‘‘Tolling of Deadlines,’’ 

dated July 22, 2024. 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Affirmative Determination of the 

Countervailing Duty Investigation of Alkyl 

Phosphate Esters from the People’s Republic of 

China,’’ 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) 

(Preamble). 

6See Initiation Notice. 

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. Preliminary Affirmative Determination of 

Critical Circumstances, in Part 

VI. Use of Facts Otherwise Available and 

Adverse Inferences 

VII. Subsidies Valuation Information 

VIII. Interest Rate Benchmarks, Discount 

Rates, and Benchmarks for Measuring 

Adequacy of Remuneration 

IX. Analysis of Programs 

X. Programs Preliminarily Determined to Be 

Terminated 

XI. Recommendation 

[FR Doc. 2024–22994 Filed 10–3–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–169] 

Certain Alkyl Phosphate Esters From 

the People’s Republic of China: 

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 certain alkyl 

phosphate esters (alkyl phosphate 

esters) from the People’s Republic of 

China (China). 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: 

Benjamin Nathan or Gregory Taushani, 

AD/CVD Operations, Office II, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3834 or 

(202) 482–1012, respectively. 

SUPPLEMENTARY INFORMATION: 

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 13, 2024.1 On July 5, 2024, 

Commerce postponed the preliminary 

determination of this investigation until 

September 20, 2024.2 On July 22, 2024, 

Commerce tolled certain deadlines in 

this proceeding by seven days.3 The 

deadline for the preliminary 

determination is now September 27, 

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 products covered by this 

investigation are alkyl phosphate esters 

from China. 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 in the 

Initiation Notice Commerce set aside a 

period of time for parties to raise issues 

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

Certain interested parties commented on 

the scope of the antidumping duty (AD) 

and countervailing duty (CVD) 

investigations as it appeared in the 

Initiation Notice. Commerce intends to 

issue its preliminary decision regarding 

comments concerning the scope of the 

AD and CVD investigation on or before 

the preliminary determination of the 

companion AD investigation. 


khammond on DSKJM1Z7X2PROD with NOTICES