[Federal Register Volume 89, Number 194 (Monday, October 7, 2024)]
[Notices]
[Pages 81041-81043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23073]


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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: Continuation of 
Antidumping Duty Order and Countervailing Duty Order

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that the revocation of the antidumping duty (AD) order and 
countervailing duty (CVD) order on certain crystalline silicon 
photovoltaic cells, whether or not assembled into modules (solar 
cells), from the People's Republic of China (China) would likely lead 
to the continuation or recurrence of dumping and net countervailable 
subsidies, and material injury to an industry in the United States, 
Commerce is publishing a notice of continuation of these AD and CVD 
orders.

DATES: Applicable September 20, 2024.

FOR FURTHER INFORMATION CONTACT: Jose Rivera (CVD) and Howard Smith 
(AD), AD/CVD Operations, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0842, or (202) 
482-5193, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, Commerce published in the Federal Register the 
AD Order and CVD Order on solar cells from China.\1\ On February 1, 
2024, Commerce initiated the second sunset review of the Orders,\2\ 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act). As a result of its review, Commerce determined that revocation of 
the Orders would likely lead to the continuation or recurrence of 
dumping and net countervailable subsidies, and therefore, notified the 
ITC of the magnitude of the margins of dumping and subsidy rates likely 
to prevail should the Orders be revoked.\3\
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    \1\ See 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); and 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) 
(collectively, the Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 89 FR 6499 
(February 1, 2024).
    \3\ See Crystalline Silicon Photovoltaic Cells, Whether or Not 
Assembled Into Modules, from the People's Republic of China: Final 
Results of the Expedited Second Sunset Review of the Antidumping 
Duty Order, 89 FR 48391 (June 6, 2024), and accompanying Issues and 
Decision Memorandum (IDM); see also Crystalline Silicon Photovoltaic 
Cells, Whether or Not Assembled Into Modules, from the People's 
Republic of China: Final Results of the Expedited Second Sunset 
Review of the Countervailing Duty Order, 89 FR 48559 (June 7, 2024), 
and accompanying IDM.
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    On September 20, 2024, the ITC published its determination, 
pursuant to sections 751(c) and 752(a) of the Act, that revocation of 
the Orders would likely lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
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    \4\ See Citation to ITC Notice, 89 FR 78900 (September 20, 2024) 
(ITC Final Determination).
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Scope of the Orders

    The merchandise covered by the Orders are crystalline silicon 
photovoltaic cells, and modules, laminates, and panels, consisting of 
crystalline silicon photovoltaic cells, whether or not partially or 
fully

[[Page 81042]]

assembled into other products, including, but not limited to, modules, 
laminates, panels and building integrated materials.
    The Orders 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, 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 10,000 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 Orders 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 Orders are:
    1. Off grid CSPV panels in rigid form with a glass cover, with the 
following characteristics:
    (A) a total power output of 100 watts or less per panel;
    (B) a maximum surface area of 8,000 cm2 per panel;
    (C) do not include a built-in inverter;
    (D) must include a permanently connected wire that terminates in 
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 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 Orders:
    (1) 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 
two-port rectangular connector.
    Modules, laminates, and panels produced in a third-country from 
cells produced in China are covered by the Orders; however, modules, 
laminates, and panels produced in China from cells produced in a third-
country are not covered by the Orders.
    Additionally excluded from the scope of the Order 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 8mm diameter 
male barrel connector.
    Also excluded from the scope of the Orders 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 (cm\2\) 
per panel;
    (C) Include a keep-out area of approximately 1,200 cm\2\ 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 two-port connector; and
    (I) Include exposed positive and negative terminals at opposite 
ends of the panel, not enclosed in a junction box.
    Merchandise covered by this Order is currently classified in the 
Harmonized Tariff System of the United States (HTSUS) under 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, 8507.20.8091, 8541.42.0010, 
and 8541.43.0010. These HTSUS subheadings are provided for convenience 
and customs purposes; the written description of the scope of the 
Orders are dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders would likely lead to

[[Page 81043]]

continuation or recurrence of dumping and net countervailable 
subsidies, and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act, Commerce hereby orders the 
continuation of the Orders. U.S. Customs and Border Protection will 
continue to collect AD and CVD cash deposits at the rates in effect at 
the time of entry for all imports of subject merchandise.
    The effective date of the continuation of the Orders will be 
September 20, 2024.\5\ Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), Commerce intends to initiate the next five-year 
reviews of the Orders not later than 30 days prior to fifth anniversary 
of the date of the last determination by the ITC.
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    \5\ See ITC Final Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are issued in 
accordance with sections 751(c) and 751(d)(2) of the Act, and published 
in accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).

    Dated: October 1, 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.
[FR Doc. 2024-23073 Filed 10-4-24; 8:45 am]
BILLING CODE 3510-DS-P